United States Supreme Court Cases & Opinions

U.S. Supreme Court

Herring v. New York, 422 U.S. 853 (1975)

Herring v. New York

No. 73-6587

Argued February 26, 1975

Decided June 30, 1975

422 U.S. 853

Syllabus

A total denial of the opportunity for final summation in a nonjury criminal trial as well as in a jury trial deprives the accused of the basic right to make his defense, and a New York statute granting every judge in a nonjury criminal trial the power to deny such summation before rendition of judgment denies the accused the assistance of counsel guaranteed by the Sixth Amendment of the Constitution as applied against the States by the Fourteenth. Pp. 422 U. S. 856-865.

43 App.Div.2d 816, 351 N.Y.S.2d 368, vacated and remanded.

STEWART, J., delivered the opinion of the Court, in which DOUGLAS, BRENNAN, WHITE, MARSHALL, and POWELL, JJ., joined. REHNQUIST, J., filed a dissenting opinion, in which BURGER, C.J., and BLACKMUN, JJ., joined. post, p. 422 U. S. 865.