dispassionate inquiry (New York) · Go Syfert
← New York issues

dispassionate inquiry in New York

7 New York opinions name it 2 courts 1986–2025 4 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
People v. McIntyregreen
ny · 1974 · cited in 6 New York opinions naming this issue, 1986–2025
2 sentences

2025Instead, "[w]here a court feels that the motion is a disingenuous attempt to subvert the overall purpose of the trial (as may well have been the case here), the proper procedure is to conduct a dispassionate inquiry into the pertinent factors." As in McIntyre , "here the trial court denied the motion without eliciting the information which might have warranted denial [*6]of the motion" (36 NY2d at 19). [FN8] The court's failure to inquire into defendant's unequivocal request to proceed pro se violated his right to self-representation and, accordingly, defendant is entitled to a new trial. [FN9

2025Instead, "[w]here a court feels that the motion is a disingenuous attempt to subvert the overall purpose of the trial (as may well have been the case here), the proper procedure is to conduct a dispassionate inquiry into the pertinent factors." As in McIntyre , "here the trial court denied the motion without eliciting the information which might have warranted denial [*6]of the motion" ( 36 NY2d at 19 ). [FN8] The court's failure to inquire into defendant's unequivocal request to proceed pro se violated his right to self-representation and, accordingly, defendant is entitled to a new trial. [F

36
People v. Poulosgreen
nyappdiv · 2016 · cited in 2 New York opinions naming this issue, 2024–2024
2 sentences

2024Since defendant was improperly denied the right to proceed pro se, the judgment must be reversed and the matter remitted for a new trial ( see People v Poulos , 144 AD3d at 1392).

2024Since defendant was improperly denied the right to proceed pro se, the judgment must be reversed and the matter remitted for a new trial ( see People v Poulos , 144 AD3d at 1392 ).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
People v. Smith green
ny · 1986
2 sentences

2016Here, the court summarily rejected defendant’s request to represent himself without determining whether it was knowingly or intelligently made (see Smith, 68 NY2d at 739 ).

1996The trial court in this case, as in People v Smith (supra), summarily rejected the timely request to proceed pro se made by defendant through counsel.

21996–2016

Where else courts name it

CA 8 (1971–2004) NY 7 (1986–2025) NJ 4 (2005–2021) IL 3 (1971–1993) MD 3 (1993–1999)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check