People v. Reifsteck, 134 A.D.2d 876 (N.Y. App. Div. 1987). · Go Syfert
People v. Reifsteck, 134 A.D.2d 876 (N.Y. App. Div. 1987). Cases Citing This Book View Copy Cite
12 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Berger (nyappterm, 2003-12-12)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Berger
N.Y. App. Term. · 2003 · confidence medium
Thus, while the court’s inquiry was sparse, it cannot be said on this record that defendant’s waiver was not entered knowingly, voluntarily and intelligently (cf. People v Reifsteck, 134 AD2d at 876 [upholding defendant’s waiver of his right to counsel despite the lack of a formal inquiry]).
cited Cited as authority (rule) People v. Providence
N.Y. App. Div. · 2003 · confidence medium
In Reifsteck (134 AD2d at 876-877), there was no formal inquiry by the trial court into any of the factors bearing on the validity of the waiver of the right to counsel.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
James Edward Reifsteck
Appellate Division of the Supreme Court of the State of New York.
Nov 10, 1987.
134 A.D.2d 876
1987 N.Y. App. Div. LEXIS 51065
Cited by 6 opinions  |  Published

— Judgment unanimously affirmed. Memorandum: Although the trial court did not conduct a formal inquiry of defendant’s age, experience, education and knowledge of the hazards of pro se representation (see, People v Kaltenbach, 60 NY2d 797, 799; People v Williams, 96 AD2d 740), our review of the record reveals that defendant was 35 years old with a 20-year criminal record including a prior felony; that he had a thorough understanding of the criminal justice system and of the rights and remedies available to him; that he was articulate in advancing his legal arguments and was firm in his decision to represent himself. Indeed, the fact that he made a knowing determination to represent himself at pretrial proceedings and at trial is borne out by the fact that, during the colloquy after the jury verdict, defendant requested that counsel be assigned to advise him at a possible hearing on a second felony information because he was "not totally familiar with those aspects.” The manner in which defendant represented himself at the trial and in pretrial proceedings also supports a finding that he[*877] knowingly and intelligently waived his right to counsel (see, People v Vivenzio, 62 NY2d 775; cf., People v Williams, supra).

We have considered the remaining issues raised by defendant and find them to be lacking in merit. (Appeal from judgment of Ontario County Court, Contiguglia, J. — criminal possession of stolen property, second degree.) Present — Den-man, J. P., Green, Balio, Lawton and Davis, JJ.