need for a full inquiry (New York) · Go Syfert
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need for a full inquiry in New York

6 New York opinions name it 3 courts 1982–2020 0 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 (6)

CaseFollowedCited
People v. LaVallegreen
ny · 2004 · cited in 5 New York opinions naming this issue, 2008–2020
2 sentences

2020Viewing the record as a whole, we conclude that defendant did not make a clear and unequivocal request to proceed pro se, sufficient to express the "definitive commitment to self-representation" that would trigger the need for a full inquiry by the court ( People v LaValle , 3 NY3d 88, 106 [2004]).

2015Viewing the record as a whole, we conclude that defendant did not make a clear and unequivocal request to proceed pro se, sufficient to express the “definitive commitment to self-representation” that would trigger the need for a full inquiry by the court (see People v LaValle, 3 NY3d 88, 106 [2004]).

55
People v. Gilliangreen
ny · 2006 · cited in 3 New York opinions naming this issue, 2008–2020
2 sentences

2020Rather than being unequivocal, defendant's expression of a desire to represent himself came within the context of his complaints about his counsel ( see People v Gillian , 8 NY3d 85, 88 [2006]; People v Payton , 45 NY2d 300, 314 [1978] , revd on other grounds 445 US 573 [1980]; People v Little , 151 AD3d 531 [2017], lv denied 30 NY3d 951 [*2][2017]).In any event, defendant abandoned his request by proceeding with the scheduled suppression hearing and subsequent trial without expressing any further desire to represent himself (see People v Gillian , 8 NY3d at 88 ; People v Berrian , 154 AD3d 48

2020Rather than being unequivocal, defendant's expression of a desire to represent himself came within the context of his complaints about his counsel ( see People v Gillian , 8 NY3d 85, 88 [2006]; People v Payton , 45 NY2d 300, 314 [1978] , revd on other grounds 445 US 573 [1980]; People v Little , 151 AD3d 531 [2017], lv denied 30 NY3d 951 [*2][2017]).In any event, defendant abandoned his request by proceeding with the scheduled suppression hearing and subsequent trial without expressing any further desire to represent himself (see People v Gillian , 8 NY3d at 88 ; People v Berrian , 154 AD3d 48

33
People v. Paytongreen
ny · 1978 · cited in 3 New York opinions naming this issue, 2008–2020
2 sentences

2020Rather than being unequivocal, defendant's expression of a desire to represent himself came within the context of his complaints about his counsel ( see People v Gillian , 8 NY3d 85, 88 [2006]; People v Payton , 45 NY2d 300, 314 [1978] , revd on other grounds 445 US 573 [1980]; People v Little , 151 AD3d 531 [2017], lv denied 30 NY3d 951 [*2][2017]).In any event, defendant abandoned his request by proceeding with the scheduled suppression hearing and subsequent trial without expressing any further desire to represent himself (see People v Gillian , 8 NY3d at 88 ; People v Berrian , 154 AD3d 48

2015Defendant’s expression of a desire to represent himself came within the context of his complaints about his counsel and other statements and applications (see People v Gillian, 8 NY3d 85, 88 [2006]; People v Payton, 45 NY2d 300, 314 [1978], revd on other grounds 445 US 573 [1980]).

33
People v. McIntyregreen
ny · 1974 · cited in 3 New York opinions naming this issue, 2008–2014
2 sentences

2014Defendant failed to make a clear and unequivocal request to represent himself (see People v McIntyre, 36 NY2d 10, 17 [1974]; People v Ramos, 35 AD3d 247 [1st Dept 2006], lv denied 8 NY3d 924 [2007]), and thus did not express the “definitive commitment to self-representation” (People v LaValle, 3 NY3d 88, 106 [2004]) that would trigger the need for a full inquiry by the court as to whether it should permit him to proceed pro se (compare People v Lewis, 114 AD3d 402 [1st Dept 2014] [defendant unequivocally requested self-representation following denial of request for new counsel]).

2014Defendant failed to make a clear and unequivocal request to represent himself (see People v McIntyre, 36 NY2d 10, 17 [1974]; People v Ramos, 35 AD3d 247 [1st Dept 2006], lv denied 8 NY3d 924 [2007]), and thus did not express the “definitive commitment to self-representation” (People v LaValle, 3 NY3d 88, 106 [2004]) that would trigger the need for a full inquiry by the court as to whether it should permit him to proceed pro se (compare People v Lewis, 114 AD3d 402 [1st Dept 2014] [defendant unequivocally requested self-representation following denial of request for new counsel]).

33
People v. Phillipsgreen
nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008By failing to make a clear and unequivocal request to represent himself (see People v McIntyre, 36 NY2d 10, 17 [1974]), defendant did not express the “definitive commitment to self-representation” that would trigger the need for a full inquiry by the court as to whether it should permit him to proceed pro se (see People v LaValle, 3 NY3d 88, 106 [2004]; compare People v Rodriguez, 46 AD3d 396 , 397 [2007], lv denied 10 NY3d 844 [2008]).

11
People v. McClamgreen
nyappdiv · 2002 · cited in 1 New York opinions naming this issue, 2008–2008
1 sentence

2008Defendant’s expression of a desire to represent himself was linked to meritless requests for, among other things, an adjournment in order to prepare for such self-representation, which the court appropriately denied, whereupon defendant abandoned his request to proceed pro se (see People v Gillian, 8 NY3d 85, 88 [2006]; People v Payton, 45 NY2d 300, 314 [1978], revd on other grounds 445 US 573 [1980]; People v McClam, 297 AD2d 514, 514 [2002], lv denied 99 NY2d 537 [2002]).

11

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 (9)

CaseCitedYears
Payton v. New York green
scotus · 1980
2 sentences

2020Rather than being unequivocal, defendant's expression of a desire to represent himself came within the context of his complaints about his counsel ( see People v Gillian , 8 NY3d 85, 88 [2006]; People v Payton , 45 NY2d 300, 314 [1978] , revd on other grounds 445 US 573 [1980]; People v Little , 151 AD3d 531 [2017], lv denied 30 NY3d 951 [*2][2017]).In any event, defendant abandoned his request by proceeding with the scheduled suppression hearing and subsequent trial without expressing any further desire to represent himself (see People v Gillian , 8 NY3d at 88 ; People v Berrian , 154 AD3d 48

2015Defendant’s expression of a desire to represent himself came within the context of his complaints about his counsel and other statements and applications (see People v Gillian, 8 NY3d 85, 88 [2006]; People v Payton, 45 NY2d 300, 314 [1978], revd on other grounds 445 US 573 [1980]).

32008–2020
People v. Lewis green
nyappdiv · 2014
2 sentences

2014Defendant failed to make a clear and unequivocal request to represent himself (see People v McIntyre, 36 NY2d 10, 17 [1974]; People v Ramos, 35 AD3d 247 [1st Dept 2006], lv denied 8 NY3d 924 [2007]), and thus did not express the “definitive commitment to self-representation” (People v LaValle, 3 NY3d 88, 106 [2004]) that would trigger the need for a full inquiry by the court as to whether it should permit him to proceed pro se (compare People v Lewis, 114 AD3d 402 [1st Dept 2014] [defendant unequivocally requested self-representation following denial of request for new counsel]).

2014Defendant failed to make a clear and unequivocal request to represent himself (see People v McIntyre, 36 NY2d 10, 17 [1974]; People v Ramos, 35 AD3d 247 [1st Dept 2006], lv denied 8 NY3d 924 [2007]), and thus did not express the “definitive commitment to self-representation” (People v LaValle, 3 NY3d 88, 106 [2004]) that would trigger the need for a full inquiry by the court as to whether it should permit him to proceed pro se (compare People v Lewis, 114 AD3d 402 [1st Dept 2014] [defendant unequivocally requested self-representation following denial of request for new counsel]).

22014–2014
People v. Ramos green
nyappdiv · 2006
2 sentences

2014Defendant failed to make a clear and unequivocal request to represent himself (see People v McIntyre, 36 NY2d 10, 17 [1974]; People v Ramos, 35 AD3d 247 [1st Dept 2006], lv denied 8 NY3d 924 [2007]), and thus did not express the “definitive commitment to self-representation” (People v LaValle, 3 NY3d 88, 106 [2004]) that would trigger the need for a full inquiry by the court as to whether it should permit him to proceed pro se (compare People v Lewis, 114 AD3d 402 [1st Dept 2014] [defendant unequivocally requested self-representation following denial of request for new counsel]).

2014Defendant failed to make a clear and unequivocal request to represent himself (see People v McIntyre, 36 NY2d 10, 17 [1974]; People v Ramos, 35 AD3d 247 [1st Dept 2006], lv denied 8 NY3d 924 [2007]), and thus did not express the “definitive commitment to self-representation” (People v LaValle, 3 NY3d 88, 106 [2004]) that would trigger the need for a full inquiry by the court as to whether it should permit him to proceed pro se (compare People v Lewis, 114 AD3d 402 [1st Dept 2014] [defendant unequivocally requested self-representation following denial of request for new counsel]).

22014–2014
People v. Matthan green
nyappdiv · 2017
1 sentence

2020Rather than being unequivocal, defendant's expression of a desire to represent himself came within the context of his complaints about his counsel ( see People v Gillian , 8 NY3d 85, 88 [2006]; People v Payton , 45 NY2d 300, 314 [1978] , revd on other grounds 445 US 573 [1980]; People v Little , 151 AD3d 531 [2017], lv denied 30 NY3d 951 [*2][2017]).In any event, defendant abandoned his request by proceeding with the scheduled suppression hearing and subsequent trial without expressing any further desire to represent himself (see People v Gillian , 8 NY3d at 88 ; People v Berrian , 154 AD3d 48

12020–2020
People v. Cornelius green
nyappdiv · 2015
1 sentence

2020Rather than being unequivocal, defendant's expression of a desire to represent himself came within the context of his complaints about his counsel ( see People v Gillian , 8 NY3d 85, 88 [2006]; People v Payton , 45 NY2d 300, 314 [1978] , revd on other grounds 445 US 573 [1980]; People v Little , 151 AD3d 531 [2017], lv denied 30 NY3d 951 [*2][2017]).In any event, defendant abandoned his request by proceeding with the scheduled suppression hearing and subsequent trial without expressing any further desire to represent himself (see People v Gillian , 8 NY3d at 88 ; People v Berrian , 154 AD3d 48

12020–2020
People v. Lassiter green
nycterr · 2017
1 sentence

2020Rather than being unequivocal, defendant's expression of a desire to represent himself came within the context of his complaints about his counsel ( see People v Gillian , 8 NY3d 85, 88 [2006]; People v Payton , 45 NY2d 300, 314 [1978] , revd on other grounds 445 US 573 [1980]; People v Little , 151 AD3d 531 [2017], lv denied 30 NY3d 951 [*2][2017]).In any event, defendant abandoned his request by proceeding with the scheduled suppression hearing and subsequent trial without expressing any further desire to represent himself (see People v Gillian , 8 NY3d at 88 ; People v Berrian , 154 AD3d 48

12020–2020
People v. Arpi green
nycterr · 2018
1 sentence

2020Rather than being unequivocal, defendant's expression of a desire to represent himself came within the context of his complaints about his counsel ( see People v Gillian , 8 NY3d 85, 88 [2006]; People v Payton , 45 NY2d 300, 314 [1978] , revd on other grounds 445 US 573 [1980]; People v Little , 151 AD3d 531 [2017], lv denied 30 NY3d 951 [*2][2017]).In any event, defendant abandoned his request by proceeding with the scheduled suppression hearing and subsequent trial without expressing any further desire to represent himself (see People v Gillian , 8 NY3d at 88 ; People v Berrian , 154 AD3d 48

12020–2020
People v. Little green
nyappdiv · 2017
1 sentence

2020Rather than being unequivocal, defendant's expression of a desire to represent himself came within the context of his complaints about his counsel ( see People v Gillian , 8 NY3d 85, 88 [2006]; People v Payton , 45 NY2d 300, 314 [1978] , revd on other grounds 445 US 573 [1980]; People v Little , 151 AD3d 531 [2017], lv denied 30 NY3d 951 [*2][2017]).In any event, defendant abandoned his request by proceeding with the scheduled suppression hearing and subsequent trial without expressing any further desire to represent himself (see People v Gillian , 8 NY3d at 88 ; People v Berrian , 154 AD3d 48

12020–2020
Munford v. Shaw neutral
nyappdiv · 1981
1 sentence

1982Nor is the Yaklin-London concept confined to the First and Fourth Departments, for the Second Department has itself, at least inferentially, recognized the need for a full hearing as to all factors by emphasizing in Munford v Shaw ( 84 AD2d 810 ) that such a hearing, including the expert testimony of a psychologist, supported the custody order made in that case. 1 Moreover, the holding of such a hearing is mandated by subdivision 1 of section 240 of the Domestic Relations Law which provides that in any proceeding related to custody “the court must give * * * direction, between the parties, for

11982–1982

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