CRITERIA FOR INQUIRY INTO DEFENDANT’S REQUEST TO REPRESENT HIMSELF EXPLAINED, NOT MET HERE.

The Third Department, reversing defendant’s conviction, determined the trial judge did not use the right criteria in denying defendant’s request to represent himself:

County Court inquired into defendant’s background, emphasized the importance of having counsel represent him, cautioned against the dangers of representing himself and tested defendant’s skill as an advocate with several evidentiary questions. The issue, however, is not the extent of defendant’s legal knowledge, but his capacity to knowingly waive the right to counsel … . In denying the request, County Court essentially ruled that it was not in defendant’s best interest and that the application was untimely, without expressly addressing defendant’s capacity to waive his right to counsel. Since defendant’s request was made prior to the commencement of trial, it was unquestionably timely … . Moreover, we are satisfied that defendant, who informed the court that he had obtained his GED and engaged in paralegal studies for a year, and was described by the court as “bright” and “articulate,” competently, intelligently and voluntarily waived his right to the counsel. People v Poulos, 2016 NY Slip Op 07879, 3rd Dept 11-23-16

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