PEOPLE v. MIRENDA


57 N.Y.2d 261 (1982)

The People of the State of New York, Respondent, v. Joseph Mirenda, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 1982.


Attorney(s) appearing for the Case

Vincent E. Gentile and Kathy M. Silberthau for appellant.

Carl A. Vergari, District Attorney (Anthony J. Servino of counsel), for respondent.

Judges JASEN, JONES, WACHTLER and FUCHSBERG concur with Chief Judge COOKE; Judge MEYER dissents and votes to reverse in a separate opinion; Judge GABRIELLI taking no part.


Chief Judge COOKE.

This appeal raises the question whether the trial court erred in refusing to appoint standby counsel to assist defendant in presenting his own defense. A criminal defendant has a constitutional right to be represented by counsel, or to proceed pro se. A defendant has no constitutional right, however, to the assistance of a lawyer while conducting a pro se defense. The order of...

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