People v. Kohler, 18 N.Y.2d 310, 218 N.E.2d 310, 274 N.Y.S.2d 310 (1966)

Neither the New York State nor the Federal Constitution requires a court hearing a traffic infraction case to advise the defendant of the right to counsel.

Summary

The New York Court of Appeals addressed whether defendants charged with traffic infractions must be advised of their right to counsel. The court held that neither statutory nor constitutional law mandates such advisement in traffic cases. The court reasoned that traffic infractions are minor transgressions distinct from crimes, historically subject to summary disposition. Requiring counsel in all traffic cases would be impractical and overwhelm the legal system. The court emphasized that the defendant is entitled to a fair forum but not necessarily the right to assigned counsel. Therefore, the court upheld the conviction of Letterio and reversed the reversal in Kohler, reinstating the original conviction.

Facts

Two defendants, Kohler and Letterio, were convicted of traffic violations in the Criminal Court of the City of New York. Both appealed, arguing their convictions should be overturned because the court did not advise them of their right to counsel, only inquiring if they were ready to proceed without counsel.

Procedural History

In People v. Kohler, the Appellate Term reversed the conviction, with one Justice dissenting, holding that a defendant in a traffic case must be advised of their right to counsel. In People v. Letterio, the Appellate Term affirmed the conviction but modified the sentence. The People appealed the Kohler decision, and the Letterio decision was appealed to the New York Court of Appeals, which consolidated the appeals to address the common legal question.

Issue(s)

Whether there is a statutory or constitutional requirement that a defendant charged with a traffic infraction be apprised of the right to counsel and to an assignment of counsel.

Holding

No, because neither statutory nor constitutional law mandates that a court hearing a traffic infraction case advise the defendant of the right to counsel.

Court’s Reasoning

The court found no statutory requirement to advise defendants of their right to counsel in traffic infraction cases. Section 41 of the New York City Criminal Court Act does not overrule the precedent set in People v. Felberbaum, which held that the Magistrates’ Court was not required to advise individuals charged with traffic infractions of their right to counsel. The court noted that the purpose of the Criminal Court Act was merely to merge existing courts. Furthermore, the legislature expressly excluded those charged with traffic infractions from the provisions of article 18-B of the Code of Criminal Procedure, which provides counsel to indigent defendants.

The court also found no constitutional mandate requiring such advisement. The court acknowledged the right to counsel but distinguished traffic infractions as petty offenses. The court stated, “While some may say that the right to counsel extends to all crimes, we say that neither our State nor the Federal Constitution requires the court having jurisdiction of a petty offense, like a traffic infraction, so to advise the defendant.”

The court emphasized the historical treatment of traffic infractions as distinct from crimes, citing Penal Law § 2 and Vehicle and Traffic Law § 155. The court reasoned that traffic courts need only ensure a fair forum. The court also highlighted the practical implications of assigning counsel in all traffic cases, which would be overwhelming. As the court noted, assigning counsel in just 1% of traffic cases could require the services of nearly half the attorneys in the state.

The court concluded that the defendants were not treated unfairly and that the traffic court judge often operates in a “triune function” as prosecutor, defense counsel, and Judge.