People v. Encarnacion

Appellate Division of the Supreme Court of New York

People v. Encarnacion

302 A.D.2d 208, 753 N.Y.S.2d 373, 2003 N.Y. App. Div. LEXIS 835

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 4, 2003

StatusPublished

This text of 302 A.D.2d 208 (People v. Encarnacion) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Encarnacion, 302 A.D.2d 208, 753 N.Y.S.2d 373, 2003 N.Y. App. Div. LEXIS 835 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered November 8, 1999, convicting defendant, after a jury trial, of attempted assault in the first and second degrees, unlawful imprisonment in the first degree, and coercion in. the. first degree, and sentencing him to an aggregate term of 71/2 to 15 years, unanimously affirmed.

Since defendant’s waiver of his right to counsel was knowing, intelligent and voluntary, the court properly permitted him to exercise his right to self-representation at trial. Defendant unequivocally invoked his right to self-representation and the searching inquiry conducted by the court established that he understood the dangers and disadvantages of proceeding pro se and the value of legal representation (see People v Arroyo, 98 NY2d 101 [2002]; People v Smith, 92 NY2d 516 [1998]). We have considered defendant’s remaining contentions and find them unavailing. Concur — Nardelli, J.P., Andrias, Buckley, Rosenberger and Friedman, JJ.

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Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered November 8, 1999, convicting defendant, after a jury trial, of attempted assault in the first and second degrees, unlawful imprisonment in the first degree, and coercion in. the. first degree, and sentencing him to an aggregate term of 71/2 to 15 years, unanimously affirmed.

Since defendant’s waiver of his right to counsel was knowing, intelligent and voluntary, the court properly permitted him to exercise his right to self-representation at trial. Defendant unequivocally invoked his right to self-representation and the searching inquiry conducted by the court established that he understood the dangers and disadvantages of proceeding pro se and the value of legal representation (see People v Arroyo, 98 NY2d 101 [2002]; People v Smith, 92 NY2d 516 [1998]). We have considered defendant’s remaining contentions and find them unavailing. Concur — Nardelli, J.P., Andrias, Buckley, Rosenberger and Friedman, JJ.

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Bluebook (online)

302 A.D.2d 208, 753 N.Y.S.2d 373, 2003 N.Y. App. Div. LEXIS 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-encarnacion-nyappdiv-2003.

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