PEOPLE v. BOONE

5685, 523/09.

92 A.D.3d 559 (2012)

938 N.Y.S.2d 796

2012 NY Slip Op 1344

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

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

Decided February 23, 2012.


Upon reconsideration, we find that at the time defendant first waived his right to counsel before the suppression hearing, the court did not conduct the requisite "searching inquiry" as to whether he was aware of the dangers and disadvantages of proceeding pro se, nor did the court apprise defendant of the "singular importance of the lawyer in the adversarial system of adjudication" (People v Wingate, 17 N.Y.3d 469, 482 [2011]; ...

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