PEOPLE v. BAINES

10518. 5299/10.

178 A.D.3d 476 (2019)

2019 NY Slip Op 08794

The People of the State of New York, Respondent, v. Donnell Baines, Appellant.

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

Decided December 10, 2019.


Attorney(s) appearing for the Case

Christina A. Swarns , Office of the Appellate Defender, New York ( Joseph M. Nursey of counsel), for appellant.

Donnell Baines, appellant pro se.

Cyrus R. Vance, Jr. , District Attorney, New York ( Valerie Figueredo of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Kern, Oing, JJ.


Defendant was not deprived of his right to counsel when the court allowed him to proceed pro se at pretrial proceedings. Initially, it appears that defendant did not represent himself at the time of the grand jury presentation. Defendant subsequently represented himself, with the aid of a legal advisor, through various stages of the case up through the suppression hearing, and then chose to be represented by counsel at trial. The record includes the combined effect of several...

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