PEOPLE v. SMITH


92 N.Y.2d 516 (1998)

705 N.E.2d 1205

683 N.Y.S.2d 164

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

Court of Appeals of the State of New York.

Decided December 17, 1998.


Attorney(s) appearing for the Case

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Athena D. Kehoe and John M. Castellano of counsel), for appellant.

Karen G. Leslie, Syosset, for respondent.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK and WESLEY concur.


BELLACOSA, J.

The majority at the Appellate Division ordered a new trial in this case on the ground that the trial court improperly relieved assigned defense counsel during the course of the trial. Defendant proceeded with the rest of the trial pro se and was convicted. We must decide whether waiver of right to counsel principles apply, and whether the procedural protocols associated with that concept...

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