People v. Stinson

Mahoney, P. J. (dissenting). Pursuant to the Sixth and Fourteenth Amendments, a defendant in a State criminal trial has a right to proceed without counsel when he voluntarily and intelligently elects to do so (Faretta v California, 422 US 806), and the State Constitution specifically allows a defendant "to appear and defend in person” (NY Const, art I, § 6). The Court of Appeals has held that "A defendant in a criminal case may invoke the right to defend pro se provided: (1) the request is unequivocal *1063and timely asserted, (2) there has been a knowing and intelligent waiver of the right to…