Criteria for Allowing Defendant to Proceed Pro Se Explained

In upholding the trial judge’s allowing defendant to proceed pro se, the Fourth Department explained the relevant criteria:

“A defendant in a criminal case may invoke the right to defend [pro se] provided:  (1) the request is unequivocal and timely asserted, (2) there has been a knowing and intelligent waiver of the right to counsel, and (3) the defendant has not engaged in conduct which would prevent the fair and orderly exposition of the issues” … .  “If a timely and unequivocal request has been asserted, then the trial court is obligated to conduct a ‘searching inquiry’ to ensure that the defendant’s waiver is knowing, intelligent, and voluntary”… . * * *

Before granting defendant’s request to proceed pro se, the court conducted the requisite searching inquiry, during which defendant stated, inter alia, that he had successfully represented himself at trial in a prior case.  From his initial appearance to his mid-trial request to proceed pro se, defendant expressed dissatisfaction with his assigned attorneys, against whom he had filed multiple complaints with the Attorney Grievance Committee, and he engaged in concerted efforts to assist in his defense.  The court “had numerous opportunities to see and hear . . . defendant firsthand, and, thus, had general knowledge of defendant’s age, literacy and familiarity with the criminal justice system” … .  In addition, the court fulfilled its obligation to ensure that defendant was “aware of the dangers and disadvantages of self-representation” … .  People v Chandler, 985, 4th Dept 9-27-13