Legal Opinion

People v. Simmons

Criminal Court of the City of New York

Decided July 8, 1978Published

1Opinion of the Court

OPINION OF THE COURT

Stanley Gartenstein, J.

May a defendant execute in personam an informed waiver of certain procedural safeguards in his favor, subsequent to his request for assigned counsel but prior to the attorney’s actual functioning on his behalf?

*498the facts: Defendant Daniel Simmons was arraigned on June 30, 1978 on a charge of attempted robbery (Penal Law, §§ 110.00, 160.05) resulting from events which allegedly occurred on June 13, 1978. Bail was set at $10,000 and not posted. It appears that this alleged crime was one of four independent robberies all allegedly committed in a two-week…

2Cases cited13 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Mayberry v. PennsylvaniaSupreme Court of the United States · 1971
  3. People v. WitenskiNew York Court of Appeals · 1965
  4. People v. BetilloNew York Supreme Court · 1967
  5. People v. JacksonNew York Supreme Court · 1965

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