sufficiently searching inquiry in New York

2016In doing so, the court “should undertake a sufficiently searching inquiry in order to be reasonably certain that a defendant appreciates the dangers and disadvantages of giving up the fundamental right to counsel” (People v Smith, 92 NY2d 516, 520 [1998] [internal quotation marks and citations omitted]; see People v Arroyo, 98 NY2d 101, 103 [2002]; People v Dashnaw, 116 AD3d 1222, 1230-1231 [2014], lv denied 23 NY3d 1019 [2014]).

2016In doing so, the court “should undertake a sufficiently searching inquiry in order to be reasonably certain that a defendant appreciates the dangers and disadvantages of giving up the fundamental right to counsel” (People v Smith, 92 NY2d 516, 520 [1998] [internal quotation marks and citations omitted]; see People v Arroyo, 98 NY2d 101, 103 [2002]; People v Dashnaw, 116 AD3d 1222, 1230-1231 [2014], lv denied 23 NY3d 1019 [2014]).

2025The record establishes that the court conducted a sufficiently searching inquiry to ensure that defendant was " 'aware of the dangers and disadvantages of self-representation' " ( Providence , 2 NY3d at 582 ; see Abdullah , 194 AD3d at 1347 ).

2020Based upon our review of the record, the Family Court conducted a sufficiently searching inquiry to ensure that the mother's waiver of her right to counsel and her election to represent herself was knowingly, voluntarily, and intelligently made ( see People v Providence , 2 NY3d 579, 583 ).

2013Under these circumstances, the court failed to conduct a sufficiently searching inquiry of the defendant to be reasonably certain that he understood the dangers and disadvantages of self-representation (see People v Crampe, 17 NY3d at 482-483 ; People v Slaughter, 78 NY2d 485, 491-492 [1991]; People v Rafikian, 98 AD3d at 1140 ; Matter of Casey N., 59 AD3d 625 , 629 [2009]).

2013Under these circumstances, the court failed to conduct a sufficiently searching inquiry of the defendant to be reasonably certain that he understood the dangers and disadvantages of self-representation (see People v Crampe, 17 NY3d at 482-483 ; People v Slaughter, 78 NY2d 485, 491-492 [1991]; People v Rafikian, 98 AD3d at 1140 ; Matter of Casey N., 59 AD3d 625 , 629 [2009]).

2016In doing so, the court “should undertake a sufficiently searching inquiry in order to be reasonably certain that a defendant appreciates the dangers and disadvantages of giving up the fundamental right to counsel” (People v Smith, 92 NY2d 516, 520 [1998] [internal quotation marks and citations omitted]; see People v Arroyo, 98 NY2d 101, 103 [2002]; People v Dashnaw, 116 AD3d 1222, 1230-1231 [2014], lv denied 23 NY3d 1019 [2014]).

2016In doing so, the court “should undertake a sufficiently searching inquiry in order to be reasonably certain that a defendant appreciates the dangers and disadvantages of giving up the fundamental right to counsel” (People v Smith, 92 NY2d 516, 520 [1998] [internal quotation marks and citations omitted]; see People v Arroyo, 98 NY2d 101, 103 [2002]; People v Dashnaw, 116 AD3d 1222, 1230-1231 [2014], lv denied 23 NY3d 1019 [2014]).

2023Further, based upon our review of [*2]the record, the court conducted a sufficiently searching inquiry to ensure that the petitioner's waiver of his right to counsel and his election to represent himself, with the assistance of a legal advisor, was knowingly, voluntarily, and intelligently made ( see Matter of Graham v Rawley , 140 AD3d 765, 767 ).

2020Here, based upon our review of the record, the Family [*2]Court conducted a sufficiently searching inquiry to ensure that the mother's waiver of her right to counsel and her election to represent herself, with the assistance of a legal advisor, was knowingly, voluntarily, and intelligently made ( see Matter of Graham v Rawley , 140 AD3d at 767 ).

2019Under these circumstances, the Family Court conducted a sufficiently searching inquiry to ensure that the father's waiver of his right to counsel was knowingly, voluntarily, and intelligently made ( see Matter of Pitkanen v Huscher , 167 AD3d at 902; Matter of Bianco v Bruce-Ross , 151 AD3d 716, 717 ; Matter of Ryan v Alexander , 133 AD3d 605, 606 ).

2019Based upon our review of the record, the Family Court conducted a sufficiently searching inquiry to ensure that the mother's waiver of her right to counsel and her election to represent herself, at the fact-finding hearing, with the assistance of a legal advisor, was knowingly, voluntarily, and intelligently made ( see People v Providence , 2 NY3d 579, 583 ; Matter of Graham v Rawley , 140 AD3d 765, 767 ; Matter of Ryan v Alexander , 133 AD3d 605, 606 ; Matter of McGregor v Bacchus , 54 AD3d 678, 679 ).

2011To ascertain whether a waiver is knowing, voluntary and intelligent, a court must undertake a “ searching inquiry” designed to ££insur[e] that the defendant [is] aware of the dangers and disadvantages of proceeding without counsel” (People v Providence, 2 NY3d 579, 582 [2004] [internal quotation marks and citation omitted]; see also People v Sawyer, 57 NY2d 12, 21 [1982], rearg dismissed 57 NY2d 776 [1982], cert denied 459 US 1178 [1983] [to ascertain the validity of a waiver, “the court should undertake a sufficiently searching inquiry of the defendant to be reasonably certain that the danger

1989It is fundamental that the right to counsel extends to probation revocation proceedings (see, CPL 410.70 [4]; People v Keefe, 131 AD2d 937 ) and the Court of Appeals has consistently held that this right may not be waived unless the court makes "a sufficiently searching inquiry for it to be reasonably assured that the defendant appreciated the 'dangers and disadvantages’ of giving up the fundamental right to counsel” (People v White, 56 NY2d 110, 117 , supra, quoting Faretta v California, 422 US 806, 835 ; see, People v Kaltenbach, supra; People v Sawyer, supra).

2018Because the court failed to conduct a sufficiently searching inquiry of the father to be reasonably certain that he understood the dangers and disadvantages of giving up the fundamental right to counsel, and thus failed to ensure that the father's waiver of his right to counsel was made knowingly, intelligently, and voluntarily, we must reverse the order and remit the matter to the Family Court, Suffolk County, for a new hearing and a new determination, after a proper inquiry into the father's understanding of the consequences of self-representation ( see Matter of Stephen Daniel A. [Sandra M.

2013Under these circumstances, the court failed to conduct a sufficiently searching inquiry of the defendant to be reasonably certain that he understood the dangers and disadvantages of self-representation (see People v Crampe, 17 NY3d at 482-483 ; People v Slaughter, 78 NY2d 485, 491-492 [1991]; People v Rafikian, 98 AD3d at 1140 ; Matter of Casey N., 59 AD3d 625 , 629 [2009]).

2016In doing so, the court “should undertake a sufficiently searching inquiry in order to be reasonably certain that a defendant appreciates the dangers and disadvantages of giving up the fundamental right to counsel” (People v Smith, 92 NY2d 516, 520 [1998] [internal quotation marks and citations omitted]; see People v Arroyo, 98 NY2d 101, 103 [2002]; People v Dashnaw, 116 AD3d 1222, 1230-1231 [2014], lv denied 23 NY3d 1019 [2014]).

2016In doing so, the court “should undertake a sufficiently searching inquiry in order to be reasonably certain that a defendant appreciates the dangers and disadvantages of giving up the fundamental right to counsel” (People v Smith, 92 NY2d 516, 520 [1998] [internal quotation marks and citations omitted]; see People v Arroyo, 98 NY2d 101, 103 [2002]; People v Dashnaw, 116 AD3d 1222, 1230-1231 [2014], lv denied 23 NY3d 1019 [2014]).

2011To ascertain whether a waiver is knowing, voluntary and intelligent, a court must undertake a “ searching inquiry” designed to ££insur[e] that the defendant [is] aware of the dangers and disadvantages of proceeding without counsel” (People v Providence, 2 NY3d 579, 582 [2004] [internal quotation marks and citation omitted]; see also People v Sawyer, 57 NY2d 12, 21 [1982], rearg dismissed 57 NY2d 776 [1982], cert denied 459 US 1178 [1983] [to ascertain the validity of a waiver, “the court should undertake a sufficiently searching inquiry of the defendant to be reasonably certain that the danger

2006The trial court undertook a sufficiently searching inquiry of the defendant to be reasonably certain that the dangers and disadvantages of giving up the fundamental right to counsel were impressed upon him (see People v Smith, supra; cf. People v Sawyer, 57 NY2d 12 [1982]).

2011To ascertain whether a waiver is knowing, voluntary and intelligent, a court must undertake a “ searching inquiry” designed to ££insur[e] that the defendant [is] aware of the dangers and disadvantages of proceeding without counsel” (People v Providence, 2 NY3d 579, 582 [2004] [internal quotation marks and citation omitted]; see also People v Sawyer, 57 NY2d 12, 21 [1982], rearg dismissed 57 NY2d 776 [1982], cert denied 459 US 1178 [1983] [to ascertain the validity of a waiver, “the court should undertake a sufficiently searching inquiry of the defendant to be reasonably certain that the danger

1989Because the trial court allowed defendant to proceed pro se without conducting a sufficiently searching inquiry, defendant’s waiver of counsel was ineffective and a new trial is required (see, People v Kaltenbach, supra; People v Sawyer, 57 NY2d 12, 21-22 , cert denied 459 US 1178 ).

2011The County Court undertook a sufficiently searching inquiry of the defendant to be reasonably certain that the dangers and disadvantages of giving up the fundamental right to counsel were impressed upon him (see People v Providence, 2 NY3d at 580 ; People v Allison, 69 AD3d at 741 ).

2010The Supreme Court undertook a sufficiently searching inquiry of the defendant to be reasonably certain that the dangers and disadvantages of giving up the fundamental right to counsel were impressed upon him (see People v Providence, 2 NY3d 579 [2004]; People v Allison, 69 AD3d 740 [2010]; People v Harris, 292 AD2d 633, 634 [2002]).

2010The trial court undertook a sufficiently searching inquiry of the defendant to be reasonably certain that the dangers and disadvantages of giving up the fundamental right to counsel were impressed upon him (see People v Providence, 2 NY3d 579 [2004]; People v Savage, 29 AD3d at 1023-1024 ; People v Riddick, 299 AD2d at 563; People v Harris, 292 AD2d at 634 ).

2010The Supreme Court undertook a sufficiently searching inquiry of the defendant to be reasonably certain that the dangers and disadvantages of giving up the fundamental right to counsel were impressed upon him (see People v Providence, 2 NY3d 579 [2004]; People v Allison, 69 AD3d 740 [2010]; People v Harris, 292 AD2d 633, 634 [2002]).

2026Moreover, although the Support Magistrate had previously cautioned the father against self-representation when the father's former assigned counsel was relieved, the Support Magistrate at no point conducted a sufficiently searching inquiry to ensure that the father was knowingly, voluntarily, and intelligently waiving his right to counsel ( see Matter of Lherisson v Goffe , 198 AD3d 965, 967; Matter of Means v Miller , 175 AD3d 498, 500).

2026Moreover, although the Support Magistrate had previously cautioned the father against self-representation when the father's former assigned counsel was relieved, the Support Magistrate at no point conducted a sufficiently searching inquiry to ensure that the father was knowingly, voluntarily, and intelligently waiving his right to counsel ( see Matter of Lherisson v Goffe , 198 AD3d 965, 967 ; Matter of Means v Miller , 175 AD3d 498 , 500).

2026The deprivation of the father's fundamental right to counsel requires reversal, without regard to the merits of his position, especially where, as here, the record demonstrates that the father did not have a basic understanding of court proceedings ( see Matter of Pugh v Pugh , 125 AD3d 663, 664).

2026The deprivation of the father's fundamental right to counsel requires reversal, without regard to the merits of his position, especially where, as here, the record demonstrates that the father did not have a basic understanding of court proceedings ( see Matter of Pugh v Pugh , 125 AD3d 663, 664 ).

2025In particular, the court repeatedly and strongly implored defendant prior to the waiver colloquy to avail himself of the right to counsel through which he would have the assistance of a highly trained legal professional and, during the colloquy itself, the court explained at length, based on language from the model colloquy ( see NY Model Colloquies, Waiver of Counsel), among other things, that a person untrained in the law such as defendant would be at a disadvantage in defending themselves, that defendant ran the risk of making evidentiary mistakes, and that defendant would be held to the sa

2000Further, the trial court apprised the defendant of the risks and dangers of self-representation, and thus properly granted his request to proceed pro se (see, People v Vivenzio, 62 NY2d 775 ; People v El, 250 AD2d 395).

2010The trial court undertook a sufficiently searching inquiry of the defendant to be reasonably certain that the dangers and disadvantages of giving up the fundamental right to counsel were impressed upon him (see People v Providence, 2 NY3d 579 [2004]; People v Savage, 29 AD3d at 1023-1024 ; People v Riddick, 299 AD2d at 563; People v Harris, 292 AD2d at 634 ).

2006The trial court undertook a sufficiently searching inquiry of the defendant to be reasonably certain that the dangers and disadvantages of giving up the fundamental right to counsel were impressed upon him (see People v Providence, supra; People v Campbell, supra; People v Zuga, supra; People v Riddick, supra; People v Harris, supra; People v Benitez, supra).

2025The record establishes that the court conducted a sufficiently searching inquiry to ensure that defendant was " 'aware of the dangers and disadvantages of self-representation' " ( Providence , 2 NY3d at 582 ; see Abdullah , 194 AD3d at 1347 ).

2024"Generally, to establish that a parent has permanently neglected a child, an agency must establish, by clear and convincing evidence, that for a period of one year following the child's placement with the agency, the parent failed to maintain contact with the child or, alternatively, failed to plan for the future of the child, although physically and financially able to do so, notwithstanding the agency's diligent efforts to encourage and strengthen the parent-child relationship" ( Matter of Noel Sean CJ Ivan W. [Danica W.] , 179 AD3d 1078, 1079 ; see Matter of Rhiannon D. [Dari L.] , 215 AD3d