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“Searching Inquiry” Required Before Proceeding Without Attorney in SORA Hearing.

In reversing a SORA determination, the Fourth Department determined that the SORA court did not make a “searching inquiry” to make sure the defendant’s decision to proceed with the SORA hearing without an attorney was knowing, intelligent and voluntary.  “The requisite inquiry ‘should affirmatively disclose that a trial court has delved into a defendant’s age, education, occupation, previous exposure to legal procedures and other relevant factors bearing on a competent, intelligent, voluntary waiver’ “… . People vs Wilson, 1475, KA 11-01197 Fourth Dept. 2-1-13

 

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