People v. Kaltenbach

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be reversed and a new trial ordered.

Defendant was charged in a misdemeanor information with assault in the third degree for hitting his wife with a metal key chain. At arraignment, the court informed defendant of the charge against him and stated that it was a serious charge not to be taken lightly. Upon ascertaining that defendant had read a printed sheet setting forth his right to counsel (see CPL 170.10, subd 5), the court asked defendant if he wished to be represented by counsel. The defendant declined legal…