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PEOPLE v. ZI

10167. 1932/15.

178 A.D.3d 591 (2019)

2019 NY Slip Op 09353

The People of the State of New York, Respondent, v. John Kojo Zi, Appellant.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Scott H. Henney of counsel), for appellant.

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

Concur—Renwick, J.P., Gische, Gesmer, Moulton, JJ.

Under the facts of this case, the trial court improperly granted defendant's request to proceed pro se without first conducting a searching inquiry regarding defendant's mental capacity to waive counsel (see People v Stone, 22 N.Y.3d 520 [2014]). A defendant's request to proceed pro se must be denied unless the defendant effectuates a knowing, voluntary and intelligent waiver of the right to counsel (People v Crampe,

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