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

precautionary inquiry in New York

6 New York opinions name it 3 courts 1923–2016 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 (4)

CaseFollowedCited
People v. Whitegreen
ny · 1982 · cited in 3 New York opinions naming this issue, 1983–2016
2 sentences

2016As to the second requirement that the defendant’s waiver of counsel be knowing and intelligent, the record shows that the County Court’s precautionary inquiry and warnings to the defendant regarding the perils of representing himself and the value of legal representation were sufficient to impress upon him the dangers and disadvantages of giving up the fundamental right to counsel (see Faretta v California, 422 US 806, 835 [1975]; People v White, 56 NY2d 110, 117 [1982]; People v Powe, 234 AD2d 397, 397 [1996]).

1996In particular, the Supreme Court’s precautionary inquiry and warnings to the defendant regarding the perils of representing himself and the value of legal representation were sufficient to impress upon the defendant the "dangers and disadvantages” of giving up the fundamental right to counsel (Faretta v California, 422 US 806, 835 ; People v White, 56 NY2d 110,117 ).

13
Faretta v. Californiagreen
scotus · 1975 · cited in 2 New York opinions naming this issue, 1996–2016
2 sentences

2016As to the second requirement that the defendant’s waiver of counsel be knowing and intelligent, the record shows that the County Court’s precautionary inquiry and warnings to the defendant regarding the perils of representing himself and the value of legal representation were sufficient to impress upon him the dangers and disadvantages of giving up the fundamental right to counsel (see Faretta v California, 422 US 806, 835 [1975]; People v White, 56 NY2d 110, 117 [1982]; People v Powe, 234 AD2d 397, 397 [1996]).

1996In particular, the Supreme Court’s precautionary inquiry and warnings to the defendant regarding the perils of representing himself and the value of legal representation were sufficient to impress upon the defendant the "dangers and disadvantages” of giving up the fundamental right to counsel (Faretta v California, 422 US 806, 835 ; People v White, 56 NY2d 110,117 ).

12
People v. Powegreen
nyappdiv · 1996 · cited in 1 New York opinions naming this issue, 2016–2016
1 sentence

2016As to the second requirement that the defendant’s waiver of counsel be knowing and intelligent, the record shows that the County Court’s precautionary inquiry and warnings to the defendant regarding the perils of representing himself and the value of legal representation were sufficient to impress upon him the dangers and disadvantages of giving up the fundamental right to counsel (see Faretta v California, 422 US 806, 835 [1975]; People v White, 56 NY2d 110, 117 [1982]; People v Powe, 234 AD2d 397, 397 [1996]).

11
Mancusi v. Stubbsgreen
scotus · 1972 · cited in 1 New York opinions naming this issue, 1982–1982
1 sentence

1982But necessity having compelled the use of testimony developed under less ideal circumstances, a precautionary inquiry to determine whether there were sufficient “indicia of reliability” for the fact finder to have “a satisfactory basis for evaluating the truth of the prior statement” was in order (Dutton v Evans, 400 US 74, 89 ; see Mancusi v Stubbs, 408 US 204, 214 ; California v Green, 399 US 149,161 , supra).

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 (7)

CaseCitedYears
People v. Harris green
ny · 1982
2 sentences

1989Rather, the precautionary inquiry must warn defendant of the " 'risks inherent in representing himself or apprise him of 'the value of counsel’ ” (People v Kaltenbach, supra, at 799 , quoting People v Harris, 85 AD2d 742, 744 , affd on mem below 58 NY2d 704 ).

1983The precautionary inquiry in this case failed to adequately warn defendant of the “risks inherent in representing himself” or apprise him of “the value of counsel” (People v Harris, 85 AD2d 742, 744 , affd on opn below 58 NY2d 704 ).

21983–1989
People v. Harris neutral
nyappdiv · 1981
2 sentences

1989Rather, the precautionary inquiry must warn defendant of the " 'risks inherent in representing himself or apprise him of 'the value of counsel’ ” (People v Kaltenbach, supra, at 799 , quoting People v Harris, 85 AD2d 742, 744 , affd on mem below 58 NY2d 704 ).

1983The precautionary inquiry in this case failed to adequately warn defendant of the “risks inherent in representing himself” or apprise him of “the value of counsel” (People v Harris, 85 AD2d 742, 744 , affd on opn below 58 NY2d 704 ).

21983–1989
People v. Kaltenbach green
ny · 1983
1 sentence

1989Rather, the precautionary inquiry must warn defendant of the " 'risks inherent in representing himself or apprise him of 'the value of counsel’ ” (People v Kaltenbach, supra, at 799 , quoting People v Harris, 85 AD2d 742, 744 , affd on mem below 58 NY2d 704 ).

11989–1989
People v. Sawyer green
ny · 1982
1 sentence

1983Consequently, defendant’s waiver of counsel was ineffective, and he is entitled to a new trial (see People v Sawyer, 57 NY2d 12, 21-22 , supra; People v White, 56 NY2d 110, 119 , supra).

11983–1983
Dutton v. Evans green
scotus · 1970
1 sentence

1982But necessity having compelled the use of testimony developed under less ideal circumstances, a precautionary inquiry to determine whether there were sufficient “indicia of reliability” for the fact finder to have “a satisfactory basis for evaluating the truth of the prior statement” was in order (Dutton v Evans, 400 US 74, 89 ; see Mancusi v Stubbs, 408 US 204, 214 ; California v Green, 399 US 149,161 , supra).

11982–1982
California v. Green green
scotus · 1970
1 sentence

1982But necessity having compelled the use of testimony developed under less ideal circumstances, a precautionary inquiry to determine whether there were sufficient “indicia of reliability” for the fact finder to have “a satisfactory basis for evaluating the truth of the prior statement” was in order (Dutton v Evans, 400 US 74, 89 ; see Mancusi v Stubbs, 408 US 204, 214 ; California v Green, 399 US 149,161 , supra).

11982–1982
Sol Frankel, Inc. v. O'Malley neutral
nyappdiv · 1923
1 sentence

1923Plaintiff cites the case of Jewell-Koenig v. O’Malley, in which the opinion of Justice Wagner is reported in the New York Law Journal of June 12, 1921, and which was affirmed by the Appellate Division without opinion on May 10, 1923 ( 206 App. Div. 696 ).

11923–1923

Where else courts name it

OH 7 (2002–2026) NY 6 (1923–2016) RI 6 (1971–2018) MN 6 (1963–2006) KS 5 (1915–1994) IL 5 (1985–2023) IN 5 (1969–2014) MS 4 (1994–2018) MO 3 (1907–1922) MT 3 (1907–1989) MD 3 (1968–1982) WA 3 (2001–2020) TX 3 (1942–2025) PA 3 (1975–2015) WY 2 (1974–2003) NC 2 (1973–1989) GA 2 (1934–1996) MI 2 (1970–1972) NM 2 (1971–1976) AL 2 (1878–1915) DC 2 (1973–1977) HI 2 (1976–2007) SC 2 (1979–1979)

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