Legal Opinion

People v. Gabriel

New York Supreme Court

Decided July 28, 2011Published

1Opinion of the Court

*555OPINION OF THE COURT

Judith S. Lies, J.

The issue presented in this case is whether a defendant forfeits his right to self-representation when he feigns an inability to speak and hear. At an evidentiary hearing held in connection with this issue, an examining psychologist expressed the opinion that the defendant was pretending to have such disabilities “as a means to interfere with the efficient resolution” of these proceedings. Based on the psychologist’s testimony and his reports, which were admitted as exhibits at the hearing, the court finds that the defendant has engaged in intentional…

2Cases cited17 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Martinez v. Court of Appeal of California, Fourth Appellate DistrictSupreme Court of the United States · 2000
  4. People v. McIntyreNew York Court of Appeals · 1974
  5. People v. SawyerNew York Court of Appeals · 1982

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