PEOPLE v. CARMICHAEL

2872, 870/07

73 A.D.3d 622 (2010)

901 N.Y.S.2d 48

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN CARMICHAEL, Appellant.

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

Decided May 25, 2010.


After giving due consideration to the possible disruptive effect of permitting both defendant and his attorney to conduct the trial, the court properly exercised its discretion when it declined to permit such hybrid representation, notwithstanding that two judges who presided over the case in pretrial proceedings had agreed to permit such representation. Since the decision whether to allow a defendant to proceed to trial with hybrid representation is a matter of discretion...

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