7 New York opinions name it 2 courts 2011–2025 3 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. Providencegreen2 sentences2025"Additionally, a searching inquiry encompasses consideration of a defendant's pedigree since such factors as age, level of education, occupation and previous exposure to the legal system may bear on a waiver's validity" ( Crampe , 17 NY3d at 482 ; see Blue , 42 NY3d at 591; Providence , 2 NY3d at 582-583 ). 2011Additionally, a searching inquiry encompasses consideration of a defendant’s pedigree since such factors as age, level of education, occupation and previous exposure to the legal system may bear on a waiver’s validity (see Providence, 2 NY3d at 583; Arroyo, 98 NY2d at 104 ; Smith, 92 NY2d at 520 ). | 3 | 4 |
United States v. Harry L. Foregreen2 sentences2014The colloquy should also include the nature of the charges and the range of allowable punishments (see United States v Fore, 169 F3d 104, 108 [2d Cir 1999], cert denied 527 US 1028 [1999]). 2014The colloquy should also include the nature of the charges and the range of allowable punishments (see United States v Fore, 169 F3d 104, 108 [2d Cir 1999], cert denied 527 US 1028 [1999]). | 2 | 2 |
People v. Smithgreen2 sentences2022We have “consistently refrained from creating a catechism for this inquiry, 1 To the extent defendant asserts that events occurring outside the record support his claim that he was unrepresented before the grand jury, he may raise that issue by way of a CPL article 440 motion. -4- -5- No. 77 recognizing that it ‘may occur in a nonformalistic, flexible manner’ ” (Providence, 2 NY3d at 580 , quoting People v Smith, 92 NY2d 516, 520 [1998]). 2011Additionally, a searching inquiry encompasses consideration of a defendant’s pedigree since such factors as age, level of education, occupation and previous exposure to the legal system may bear on a waiver’s validity (see Providence, 2 NY3d at 583; Arroyo, 98 NY2d at 104 ; Smith, 92 NY2d at 520 ). | 1 | 2 |
People v. Vivenziogreen2 sentences2024Furthermore, it must be "aimed at insuring that the defendant [is] aware of the dangers and disadvantages of proceeding without counsel" ( Providence , 2 NY3d at 582 [internal quotation marks omitted]; see also People v Vivenzio , 62 NY2d 775, 776 [1984]). 2024Furthermore, it must be "aimed at insuring that the defendant [is] aware of the dangers and disadvantages of proceeding without counsel" ( Providence , 2 NY3d at 582 [internal quotation marks omitted]; see also People v Vivenzio , 62 NY2d 775, 776 [1984]). | 1 | 1 |
| 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. Crampe
green
2 sentences2025"Additionally, a searching inquiry encompasses consideration of a defendant's pedigree since such factors as age, level of education, occupation and previous exposure to the legal system may bear on a waiver's validity" ( Crampe , 17 NY3d at 482 ; see Blue , 42 NY3d at 591; Providence , 2 NY3d at 582-583 ). 2022“Additionally, a searching inquiry encompasses consideration of a defendant’s pedigree since such factors as age, level of education, occupation and previous exposure to the legal system may bear on a waiver’s validity” (Crampe, 17 NY3d at 482 ). | 5 | 2014–2025 |
McCullough v. United States
neutral
2 sentences2014The colloquy should also include the nature of the charges and the range of allowable punishments (see United States v Fore, 169 F3d 104, 108 [2d Cir 1999], cert denied 527 US 1028 [1999]). 2014The colloquy should also include the nature of the charges and the range of allowable punishments (see United States v Fore, 169 F3d 104, 108 [2d Cir 1999], cert denied 527 US 1028 [1999]). | 2 | 2014–2014 |
People v. Cole
green
1 sentence2018Further, "a searching inquiry encompasses consideration of a defendant's pedigree since such factors as age, level of education, occupation and previous exposure to the legal system may bear on a waiver's validity'" ( Cole , 120 AD3d at 75 , quoting Crampe , 17 NY3d at 482 ). | 1 | 2018–2018 |
People v. Arroyo
green
2 sentences2011Additionally, a searching inquiry encompasses consideration of a defendant’s pedigree since such factors as age, level of education, occupation and previous exposure to the legal system may bear on a waiver’s validity (see Providence, 2 NY3d at 583; Arroyo, 98 NY2d at 104 ; Smith, 92 NY2d at 520 ). 2011“Although we have eschewed application of any rigid formula and endorsed the use of a nonformalistic, flexible inquiry, the court’s record exploration of the issue ‘must accomplish the goals of adequately warning a defendant of the risks inherent in proceeding pro se, and apprising a defendant of the singular importance of the lawyer in the adversarial system of adjudication’ ” (Arroyo, 98 NY2d at 104 , quoting Smith, 92 NY2d at 520 [citing Kaltenbach, 60 NY2d at 799 ]; see also Providence, 2 NY3d at 583). | 1 | 2011–2011 |
People v. Kaltenbach
green
1 sentence2011“Although we have eschewed application of any rigid formula and endorsed the use of a nonformalistic, flexible inquiry, the court’s record exploration of the issue ‘must accomplish the goals of adequately warning a defendant of the risks inherent in proceeding pro se, and apprising a defendant of the singular importance of the lawyer in the adversarial system of adjudication’ ” (Arroyo, 98 NY2d at 104 , quoting Smith, 92 NY2d at 520 [citing Kaltenbach, 60 NY2d at 799 ]; see also Providence, 2 NY3d at 583). | 1 | 2011–2011 |