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PEOPLE v. RAFIKIAN

2007-09106, 2007-09108, 2007-09110.

98 A.D.3d 1139 (2012)

951 N.Y.S.2d 226

2012 NY Slip Op 6319

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MOHAMMED RAFIKIAN, Appellant.

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

September 26, 2012.

Ordered that the judgments are reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for a new trial.

Before allowing a defendant to proceed pro se, the court must determine that the defendant's waiver of the right to counsel is made knowingly, voluntarily, and intelligently (see People v Crampe, 17 N.Y.3d 469, 482-483 [2011], cert denied sub nom. New York v Wingate, 565 US —...

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