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PEOPLE v. LAWRENCE

287 A.D.2d 268 (2001)

731 N.Y.S.2d 3

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS LAWRENCE, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 4, 2001.

As the People concede, defendant was deprived of his right to counsel at sentencing when the court, at a prior appearance, granted his request to represent himself without making any inquiry into his ability to do so and his understanding of the risks inherent therein (see, People v Smith, 92 N.Y.2d 516). Accordingly, defendant is entitled to a remand for resentencing with the assistance of counsel, including assistance with any...

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