Legal Opinion

People v. Chicherchia

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

Decided July 8, 2011PublishedCited by 21 opinions

1Opinion of the Court

Memorandum:

On appeal from a judgment convicting him upon a jury verdict of, inter alia, predatory sexual assault against a child (Penal Law § 130.96), defendant contends that County Court erred in failing to grant his request to proceed *954pro se. We reject that contention. A defendant has the right to self-representation (see NY Const, art I, § 6; CPL 210.15 [5]), and he or she may invoke that right “provided [that]: (1) the request is unequivocal and timely asserted[;] (2) there has been a knowing and intelligent waiver of the right to counsel[;] and (3) the defendant has not engaged in…

2Cases cited9 opinions

  1. People v. McIntyreNew York Court of Appeals · 1974
  2. People v. TortoriciNew York Court of Appeals · 1999
  3. People v. MorganNew York Court of Appeals · 1995
  4. People v. GelikkayaNew York Court of Appeals · 1994
  5. In re the Claim of RodriguezAppellate Division of the Supreme Court of the State of New York · 1999

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3Cited by21 opinions

  1. People v. CipollinaAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. WinebrennerAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. ConnorsAppellate Division of the Supreme Court of the State of New York · 2012
  5. People v. WilsonAppellate Division of the Supreme Court of the State of New York · 2013

16 more not listed; retrieve them via the Exa API.

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