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PEOPLE v. ROMAN

172 Misc.2d 339 (1997)

658 N.Y.S.2d 196

The People of the State of New York, Plaintiff, v. William Roman, Defendant.

Supreme Court, Bronx County.

April 22, 1997

Attorney(s) appearing for the Case

William Roman, pro se, and George Mayer, Bronxville, for William Roman, defendant. Robert T. Johnson, District Attorney of Bronx County (Craig Steinberg and Lisa Mudd of counsel), for plaintiff.

LAWRENCE J. TONETTI, J.

THE ISSUES

1. Is a lawyer's representation ineffective if he does not specifically inform his client that the ultimate right to decide whether to testify is defendant's?

2. May a court infer from an attorney's conduct of a case that a defendant has waived his right to testify or must there be some explicit expression of waiver by the defendant?

BACKGROUND<...

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