16 N.Y.2d 414 (1965)
A decision regarding right to counsel is not to be accorded retroactive effect.
Summary
The New York Court of Appeals addressed whether the principles established in *Jackson v. Denno* and *People v. Huntley*, regarding the voluntariness of confessions, and *People v. Howard* regarding the right to counsel, should be applied retroactively. The court held that its prior decision in *People v. Nicholson* remains valid and that defendants are not automatically entitled to a hearing on the voluntariness of their confessions based on *Jackson v. Denno* or *Huntley*. Furthermore, it affirmed its stance that decisions concerning the right to counsel, as articulated in *People v. Howard*, are not to be applied retroactively.
Facts
The defendant sought a hearing before the trial court to challenge the voluntariness of his confession, relying on the principles established in *Jackson v. Denno* and *People v. Huntley*. Additionally, he argued for the retroactive application of decisions concerning the right to counsel, based on *People v. Howard*. The defendant also asserted that his guilty plea was induced by coercion, thus presenting a triable issue.
Procedural History
The case reached the New York Court of Appeals after lower courts denied the defendant’s request for a hearing on the voluntariness of his confession and the retroactive application of right-to-counsel decisions. The Court of Appeals reviewed these decisions to determine if a hearing was warranted and if previous rulings should be overturned or modified.
Issue(s)
1. Whether the principles established in *Jackson v. Denno* and *People v. Huntley* require the court to overrule its decision in *People v. Nicholson*, thus entitling the defendant to a hearing on the voluntariness of his confession.
2. Whether the decision in *People v. Howard* regarding the right to counsel should be applied retroactively.
Holding
1. No, because the court approved the holding and reasoning in *People v. Nicholson*, finding no basis to overrule it based on *Jackson v. Denno* or *People v. Huntley*.
2. No, because no argument had been presented to warrant any change or modification of the conclusion in *People v. Howard* that retroactive effect is not to be accorded to decisions of the court respecting right to counsel.
Court’s Reasoning
The court reaffirmed its prior holding in *People v. Nicholson*, stating that nothing in *Jackson v. Denno* or *People v. Huntley* required it to overrule that decision. The court emphasized its approval of the holding and reasoning in *Nicholson*. Regarding the retroactive application of right to counsel decisions, the court maintained its position, as stated in *People v. Howard*, that such decisions are not to be applied retroactively. The court found no compelling arguments to justify altering this stance. The court also concluded that the defendant failed to present a triable issue on the question of coercion. The dissenting judges believed the petition raised a triable issue of fact as to whether the guilty plea was induced by coercion, citing *People v. Picciotti*, *People v. Pearson*, *People v. Lake*, and *People v. Zilliner*.