PEOPLE v. DAVIS


49 N.Y.2d 114 (1979)

The People of the State of New York, Respondent, v. James Davis, Also Known as Sylvester Scott, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1979.


Attorney(s) appearing for the Case

Barry M. Fallick for appellant.

Robert M. Morgenthau, District Attorney (Brian Rosner, Jerrold L. Neugarten and Phyllis M. Gershon of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur.


JONES, J.

The trial court erroneously denied defendant his constitutional rights to self-representation and to waiver of trial by jury.

The record discloses that this was a difficult case and that the Trial Judge exercised great patience and took great pains to protect the interests of defendant. We are obliged to conclude, however, that in so doing he deprived defendant of his constitutional right to...

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