Legal Opinion

People v. Forney

Appellate Division of the Supreme Court of the State of New York

Decided March 31, 2003PublishedCited by 3 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered May 22, 2001, convicting him of sodomy in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

Where a defendant is found competent to stand trial, he is necessarily competent to waive his right to counsel and proceed pro se (see People v Ferguson, 248 AD2d 725 [1998]; see also People v Reason, 37 NY2d 351 [1975]). The Supreme Court improperly denied the defendant’s unequivocal and timely request to defend…

2Cases cited10 opinions

  1. Faretta v. CaliforniaSupreme Court of the United States · 1975
  2. People v. McIntyreNew York Court of Appeals · 1974
  3. People v. ArroyoNew York Court of Appeals · 2002
  4. People v. SlaughterNew York Court of Appeals · 1991
  5. People v. ReasonNew York Court of Appeals · 1975

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3Cited by3 opinions

  1. People v. PaulinAppellate Division of the Supreme Court of the State of New York · 2016
  2. Forney v. WoodsCourt of Appeals for the Second Circuit · 2009
  3. Forney v. WoodsCourt of Appeals for the Second Circuit · 2009

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