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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.
| Case | Followed | Cited |
|---|---|---|
People v. McIntyregreen2 sentences2025Instead, "[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 | 3 | 6 |
People v. Poulosgreen2 sentences2024Since 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 ). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Smith
green
2 sentences2016Here, 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. | 2 | 1996–2016 |
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.