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PEOPLE v. LETTERIO

16 N.Y.2d 307 (1965)

The People of the State of New York, Respondent, v. Robert Letterio, Appellant. The People of the State of New York, Appellant, v. John W. Kohler, Jr., Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1965.

Attorney(s) appearing for the Case

Matthew Muraskin and Anthony F. Marra for appellant in the first above-entitled action.

Aaron E. Koota, District Attorney of Kings County (Raymond J. Scanlan, Harry Brodbar and David Diamond of counsel), for appellant in the second above-entitled action.

Frank S. Hogan, District Attorney of New York County (Eric A. Seiff and Michael Juviler of counsel), for respondent in the first above-entitled action.

Charles Spar for respondent in the second above-entitled action.

Judges DYE, VAN VOORHIS, BURKE and BERGAN concur with Judge SCILEPPI, Judge BERGAN in a separate opinion in which Judge DYE also concurs; Chief Judge DESMOND dissents and votes to affirm in an opinion in which Judge FULD concurs.

SCILEPPI, J.

Both above-named defendants were convicted of traffic violations in the Criminal Court of the City of New York. Both appealed their convictions to the Appellate Term, asserting that the convictions should be reversed because in each case the court did not advise the defendant of his right to be represented by counsel, but merely inquired whether the defendant was ready to proceed without counsel...

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