Legal Opinion
People v. Cole
Appellate Division of the Supreme Court of the State of New York
Decided June 5, 2014PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.
At issue in this burglary case is whether the trial court conducted the “searching inquiry” required by the Court of Appeals in People v Crampe (17 NY3d 469 [2011]) before allowing defendant to proceed pro se. We find that it did not and, therefore, reverse and remand for a new trial.
Defendant first requested to proceed pro se during the suppression hearing. Noting that they were “in the middle of a hearing,” the court advised defendant that he could confer with counsel about anything he thought counsel “should be doing” when the questioning of the witness was…
2Cases cited5 opinions
- People v. SawyerNew York Court of Appeals · 1982
- People v. CrampeNew York Court of Appeals · 2011
- United States v. Harry L. ForeCourt of Appeals for the Second Circuit · 1999
- People v. KaltenbachNew York Court of Appeals · 1983
- People v. RafikianAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by11 opinions
- People v. LemmoAppellate Division of the Supreme Court of the State of New York · 2021
- People v. BrodeurAppellate Terms of the Supreme Court of New York · 2017
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2023
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2023
- People v. PerryAppellate Division of the Supreme Court of the State of New York · 2021
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