PEOPLE v. PROVIDENCE


308 A.D.2d 200 (2003)

764 N.Y.S.2d 32

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC PROVIDENCE, Appellant.

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

August 28, 2003.


Attorney(s) appearing for the Case

Zachary H. Johnson of counsel (Patrick J. Hynes on the brief; Robert M. Morgenthau, District Attorney, New York County, attorney), for respondent. John Schoeffel of counsel (Andrew C. Fine, The Legal Aid Society, Criminal Appeals Bureau, attorney), for appellant.

WILLIAMS and GONZALEZ, JJ., concur with SULLIVAN, J.; TOM, J.P., and MAZZARELLI, J., dissent in a separate opinion by TOM, J.P.


OPINION OF THE COURT

SULLIVAN, J.

The right to defend oneself against criminal charges is not reserved for the highly educated or those learned in the law. Rather, the right is guaranteed to all citizens, regardless of their educational background or experience. Since this record clearly shows that defendant had more than the minimum awareness of the risks involved, as well as the level of intelligence required to decide whether to represent himself, and...

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