People v. Johnson

Appeal by defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered April 14,1981, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. The trial court failed to fully explain to the defendant the risks of self-representation. (People v Harris, 85 AD2d 742, mot for Iv to app granted by this court on Jan. 27,1982.) A valid waiver of defendant’s fundamental constitutional right to counsel requires a proper allocution. (People v McIntyre, 36 NY2d 10.) Accordingly, there must be…