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Legal Opinion

People v. Vivenzio

New York Court of Appeals

Decided May 15, 1984PublishedCited by 91 opinions

APPEARANCES OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the case remitted to the Appellate Division, Fourth Department, for determination of the facts in accordance *776with CPL 470.40 (subd 2, par [b]) and 470.25 (subd 2, par [d]) and for consideration of the other issues not reached by that court.

As the dissenters below held (see 96 AD2d 728) there could be a finding on this record that defendant knowingly and intelligently waived his right to counsel and that County Court could properly permit him to proceed pro se (see Faretta v California, 422 US 806).…

2Cases cited3 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. People v. McIntyreNew York Court of Appeals · 1974
  3. People v. LandyNew York Court of Appeals · 1983

3Cited by91 opinions

  1. People v. ArroyoNew York Court of Appeals · 2002
  2. People v. ProvidenceNew York Court of Appeals · 2004
  3. People v. CrampeNew York Court of Appeals · 2011
  4. In the Matter of Kathleen K.New York Court of Appeals · 2011
  5. People v. GillianNew York Court of Appeals · 2006

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