Deferring to state policy makers, a deeply divided Third Department panel yesterday dismissed a suit contending that New York had abdicated its constitutional duty to provide legal representation to indigent criminal defendants. "There can be little doubt that what plaintiffs seek in this action - a massive overhaul of this state's public defense system - has obvious and ominous implications for the constitutional principle of separation of powers," Justice E. Michael Kavanagh wrote for the majority.
Divided Panel Rebuffs NYCLU Bid for Overhaul of Indigent Defense
New York Law Journal
July 17, 2009
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