Opinion
No. 71 SSM 2
06-13-2023
The PEOPLE of the State of New York, Respondent, v. Stanley HOLMES, Appellant.
Center for Appellate Litigation, New York City (Megan D. Byrne of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York City (Michael J. Yetter and Andrew E. Seewald of counsel), for respondent.
Center for Appellate Litigation, New York City (Megan D. Byrne of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York City (Michael J. Yetter and Andrew E. Seewald of counsel), for respondent.
OPINION OF THE COURT
MEMORANDUM. The order of the Appellate Division should be reversed, and a new trial ordered. In contrast to People v. Duarte, 37 N.Y.3d 1218, 163 N.Y.S.3d 487, 183 N.E.3d 1205 [2022] ), the trial court here recognized defendant as having unequivocally requested to proceed pro se. However, the court failed to conduct the required " ‘searching inquiry’ to ensure that the defendant's waiver [of the right to counsel] is knowing, intelligent, and voluntary" ( People v. Silburn, 31 N.Y.3d 144, 150, 74 N.Y.S.3d 781, 98 N.E.3d 696 [2018] [some internal quotation omitted]).
Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro and Troutman concur. Judge Halligan took no part.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11 ), order reversed, and a new trial ordered, in a memorandum.