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PEOPLE v. COLE

No. 3610/10, 11367.

120 A.D.3d 72 (2014)

987 N.Y.S.2d 373

2014 NY Slip Op 4076

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARLON COLE, Appellant.

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

Decided June 5, 2014.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City ( Lisa A. Packard of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York City ( Beth Fisch Cohen and Susan Axelrod of counsel), for respondent.

FRIEDMAN, J.P. RENWICK, MANZANET-DANIELS and GISCHE, JJ., concur.

OPINION OF THE COURT

ACOSTA, J.

At issue in this burglary case is whether the trial court conducted the "searching inquiry" required by the Court of Appeals in People v Crampe (17 N.Y.3d 469 [2011]) before allowing defendant to proceed pro se. We find that it did not and, therefore, reverse and remand for a new trial.

Defendant first requested to proceed pro se during the suppression hearing. Noting that...

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