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U.S. v. ZEDNER

Docket No. 98-1615

193 F.3d 562 (1999)

UNITED STATES of America, Appellee, v. Jacob ZEDNER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 1, 1999.

Attorney(s) appearing for the Case

Edward S. Zas, the Legal Aid Society Federal Defender Division Appeals Bureau, New York, NY, for Appellant.

Leonard Lato, Assistant United States Attorney, New York, N.Y. (Zachary Carter, United States Attorney for the Eastern District of New York, Susan Corkery, Assistant United States Attorney, on the brief), for Appellee.

Before: LEVAL and SOTOMAYOR, Circuit Judges, and TRAGER, District Judge.

PER CURIAM:

The narrow issue presented by this case is whether, after defendant's competency to proceed to trial was reasonably placed in doubt by defendant's pre-trial conduct, the district court erred by allowing defendant to proceed pro se at a competency hearing without ever having determined defendant's competency to make a knowing and intelligent waiver of the right to representation by counsel. We conclude that this did constitute error and we therefore remand...

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