PEOPLE v. SMITH


68 N.Y.2d 737 (1986)

The People of the State of New York, Respondent, v. John Smith, Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1986.


Attorney(s) appearing for the Case

Jeffrey Stein and Philip L. Weinstein for appellant.

John J. Santucci, District Attorney (William Schrager of counsel), for respondent.

Judge MEYER, SIMONS, ALEXANDER and TITONE concur in memorandum; Judge KAYE dissents and votes to affirm in an opinion in which Chief Judge WACHTLER and Judge HANCOCK, JR., concur.


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Prior to jury selection in this case, defendant moved to proceed without representation of counsel. Without determining whether this request was knowingly and intelligently made, the trial court initially granted the motion, but thereafter ordered assigned counsel to take part in the proceeding after defendant indicated his...

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