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DEFENDANT’S REQUEST TO REPRESENT HIMSELF, MADE DURING JURY SELECTION, WAS TIMELY, SUMMARY REJECTION OF THE REQUEST WITHOUT ANY INQUIRY REQUIRED REVERSAL.

The First Department reversed defendant’s conviction because the trial judge did not make an inquiry into his request to represent himself. Defendant’s request was made during jury selection and was summarily rejected as untimely:

The right to self-representation … is subject to several restrictions … . Thus, “[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” … . When a defendant timely invokes the right to self-representation, “the trial court should conduct a thorough inquiry to determine whether the waiver was made intelligently and voluntarily” … .

Judged by these principles, we conclude that defendant’s right to self-representation was violated. Contrary to the trial court’s finding, defendant’s requests to proceed pro se, made during jury selection, were timely asserted … . People v Crespo, 2016 NY Slip Op 07396, 1st Dept 11-10-16

 

CRIMINAL LAW (DEFENDANT’S REQUEST TO REPRESENT HIMSELF, MADE DURING JURY SELECTION, WAS TIMELY, SUMMARY REJECTION OF THE REQUEST WITHOUT ANY INQUIRY REQUIRED REVERSAL)/ATTORNEYS (CRIMINAL LAW, DEFENDANT’S REQUEST TO REPRESENT HIMSELF, MADE DURING JURY SELECTION, WAS TIMELY, SUMMARY REJECTION OF THE REQUEST WITHOUT ANY INQUIRY REQUIRED REVERSAL)/PRO SE (CRIMINAL LAW, DEFENDANT’S REQUEST TO REPRESENT HIMSELF, MADE DURING JURY SELECTION, WAS TIMELY, SUMMARY REJECTION OF THE REQUEST WITHOUT ANY INQUIRY REQUIRED REVERSAL)

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UNDER THE FACTS, PRE-TRIAL REQUEST TO PROCEED PRO SE PROPERLY DENIED.

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