PEOPLE v. HENRIQUEZ


3 N.Y.3d 210 (2004)

818 N.E.2d 1125

785 N.Y.S.2d 384

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL HENRIQUEZ, Appellant.

Court of Appeals of the State of New York.

Decided October 19, 2004.


Attorney(s) appearing for the Case

Legal Aid Society Criminal Appeals Bureau, New York City (Allen Fallek and Laura R. Johnson of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Peter D. Coddington of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, READ and R.S. SMITH concur with Judge GRAFFEO; Judge G.B. SMITH dissents and votes to reverse and order a new trial in a separate opinion.


OPINION OF THE COURT

GRAFFEO, J.

The issue in this case is whether Supreme Court violated defendant's Sixth Amendment rights by allowing a trial to proceed after defendant refused to permit his assigned counsel to participate in his defense and defendant declined to represent himself. Under the circumstances of this case, we conclude that the court did not violate defendant's right to a fair trial.

In March 1994, defendant Michael Henriquez approached...

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