CrimProc Rules 3

in custody where police conduct likely to be overwhelming to a lay person and counsel requested

investigatory lineups when defendant already represented, even in another matter

appearance before grand jury

arraignment

post-indictment lineups

pre-trial suppression hearings

at trial

at sentencing hearings

where there is significant judicial activity.

Right to counsel in:

• felony cases
• misdemeanors where incarceration is imposed

Applicable at critical stages:

• post-indictment lineups and identifications
• custodial police interrogations
• post-indictment interrogations
• arraignment
• guilty pleas and sentencing
• appeals as a matter of right

Waiver of right requires:

• voluntary
• knowing
• intelligent
• In NY, if already represented, must have attorney present at waiver.

Invoked sixth amendment right covers only the specific offense at issue in those proceedings (i.e., offenses are different under Blockburger test if they require proving different elements)

Conviction automatically reversed without shoing of specific unfairness.

Guilty plea may be withdrawn

Harmless error analysis if at a non-trial proceeding, such as a line-up

Conviction will be reversed due to ineffective counsel if claimant shows:

• counsel's representtation fell below objective standard of reasonableness
• defendant experienced prejudice due to ineffective representation.
• In NY, must showw that outcome would have been different but for the deficiency