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PEOPLE v. ANDERSON

41 A.D.3d 274 (2007)

836 N.Y.S.2d 876

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN ANDERSON, Appellant.

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

Decided June 21, 2007.

The court improperly denied defendant's request to proceed pro se when, during the court's inquiry, defendant revealed that he had problems with memory. As the People concede, the court's conclusion that defendant did not possess sufficient memory for self-representation was not a proper basis to deny the request (see People v Reason, 37 N.Y.2d 351 [1975]). Contrary to the People's argument, defendant made a clear and unequivocal...

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