Legal Opinion

People v. Termotto

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1989PublishedCited by 3 opinions

1Opinion of the Court

— Judgment reversed on the law *966and new trial granted. Memorandum: Although a criminal defendant has the right to undertake his own representation, before the court can allow him to proceed pro se it must determine that the decision is knowing and intelligent (see, People v McIntyre, 36 NY2d 10, 17; People v Williams, 96 AD2d 740). In order to ascertain this, the court must undertake a searching inquiry to be assured that defendant understands the value of counsel and the dangers and disadvantages of giving up his fundamental right to counsel (see, People v Kaltenbach, 60 NY2d 797, 799; People…

2Cases cited5 opinions

  1. People v. McIntyreNew York Court of Appeals · 1974
  2. People v. SawyerNew York Court of Appeals · 1982
  3. People v. KaltenbachNew York Court of Appeals · 1983
  4. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1983
  5. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by3 opinions

  1. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. McFarlandAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. ButlerAppellate Division of the Supreme Court of the State of New York · 1993

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