Legal Opinion
People v. Tabor
Appellate Division of the Supreme Court of the State of New York
Decided February 1, 2008PublishedCited by 5 opinions
1Opinion of the Court
Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered April 21, 2005. The judgment convicted defendant, upon a jury verdict, of assault in the second degree.
It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of assault in the second degree (Fenal Law § 120.05 [2]). We agree with defendant that County Court erred in summarily denying his request to proceed pro se. “A defendant in a criminal case may invoke the right to…
2Cases cited5 opinions
- People v. McIntyreNew York Court of Appeals · 1974
- People v. ArroyoNew York Court of Appeals · 2002
- People v. SchoolfieldAppellate Division of the Supreme Court of the State of New York · 1994
- People v. WardAppellate Division of the Supreme Court of the State of New York · 1994
- People v. D'AntuonoAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by5 opinions
- People v. ChicherchiaAppellate Division of the Supreme Court of the State of New York · 2011
- People v. HermanAppellate Division of the Supreme Court of the State of New York · 2010
- People v. TaborAppellate Division of the Supreme Court of the State of New York · 2011
- CHICHERCHIA, MICHAEL T., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011
- TABOR, DAN, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011