People v. Providence

308 A.D.2d 200, 764 N.Y.S.2d 32, 2003 N.Y. App. Div. LEXIS 9063
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 28, 2003
StatusPublished
Cited by5 cases

This text of 308 A.D.2d 200 (People v. Providence) 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. Providence, 308 A.D.2d 200, 764 N.Y.S.2d 32, 2003 N.Y. App. Div. LEXIS 9063 (N.Y. Ct. App. 2003).

Opinions

OPINION OF THE COURT

Sullivan, J.

The right to defend oneself against criminal charges is not reserved for the highly educated or those learned in the law. Rather, the right is guaranteed to all citizens, regardless of their educational background or experience. Since this record clearly shows that defendant had more than the minimum awareness of the risks involved, as well as the level of intelligence required to decide whether to represent himself, and establishes that his waiver of his right to counsel was knowing, intelligent and voluntary, we affirm, there being no other issue raised, except as to sentence, as to which no basis for reduction has been shown.

It is well settled that a defendant in a criminal prosecution has a constitutional right to represent himselfZherself (Faretta v California, 422 US 806 [1975]; People v Arroyo, 98 NY2d 101, 103 [2002]; People v Smith, 92 NY2d 516, 520 [1998]; People v McIntyre, 36 NY2d 10, 15 [1974]). “[F]orcing a lawyer upon an unwilling defendant is contrary to his basic right to defend himself if he truly wants to do so” (Faretta, 422 US at 817). Neither a defendant’s lack of knowledge of legal principles and rules of law nor his unfamiliarity with courtroom procedure provides a proper basis for denying his request to proceed pro se (People v Ryan, 82 NY2d 497, 507 [1993]; People v Davis, 49 NY2d 114, 120 [1979]; People v Schoolfield, 196 AD2d 111, 115 [1994], lv dismissed 83 NY2d 858 [1994], lv denied 83 NY2d 915 [1994]). The right to self-representation must be honored provided that the accused’s request is unequivocal, he/she knowingly waives the right to counsel and he/she is not engaged in conduct that would interfere with a fair and orderly exposition of the issues (Arroyo, 98 NY2d at 103-104; McIntyre, 36 NY2d at 17).

Once a defendant has expressed an unequivocal request to proceed without counsel, “the court’s only function is to ensure that the defendant is acting knowingly and voluntarily, that is, that the defendant is aware of the disadvantages and risks of waiving his right to counsel” (Schoolfield, 196 AD2d at 115). No mandatory catechism is required; the inquiry may occur “in a nonformalistic, flexible manner, but it must accomplish the goals of adequately warning a defendant of the risks inherent in proceeding pro se, and apprising a defendant of the singular [202]*202importance of the lawyer” (Smith, 92 NY2d at 520; see Arroyo, 98 NY2d at 104). What is required is “record evidence,” which should, we are told, include information about the defendant’s “age, education, occupation, previous exposure to legal procedures, and other relevant factors bearing” on whether a defendant’s waiver of his right to counsel was knowing and voluntary (Arroyo, 98 NY2d at 104).

Moreover, in evaluating the validity of a waiver of the right to counsel, an appellate court may look beyond the trial court’s inquiry in entertaining the request and consider the record as a whole (see People v Vivenzio, 62 NY2d 775, 776 [1984]; People v Whitted, 113 AD2d 454, 458-459 [1985]; People v Reifsteck, 134 AD2d 876 [1987], lv denied 70 NY2d 1010 [1988]). To succeed, a claim of error in granting a request to proceed pro se must establish that the record as a whole fails to show that the waiver was made knowingly, intelligently and voluntarily (id.).

Measured by these principles, defendant’s waiver of his right to counsel was knowing, intelligent and voluntary. As defendant concedes, the trial court more than adequately explained the risks of self-representation and the critical importance of utilizing the services of a trained lawyer in a criminal prosecution. The court compared self-representation in such a proceeding to performing surgery on one’s own body. It warned defendant that although he might think himself qualified, he was ill-prepared to make the proper decisions during the trial due to his unfamiliarity with legal rules and governing precedent. The court further advised defendant that he would be held to the same standards as would an attorney. As the record amply demonstrates, the trial court more than sufficiently “warn[ed] defendant of the risks inherent in proceeding pro se, and apprise[d him] of the singular importance of the lawyer in the adversarial system of adjudication” (Smith, 92 NY2d at 520). It should also be noted that defendant in his pro se capacity was assisted throughout the proceedings with an attorney acting as his legal advisor.

The court also had a sufficient record basis to conclude that defendant’s decision to represent himself was knowing and intelligent. It was aware that defendant had, at a minimum, a rudimentary knowledge of legal procedures and motion practice as evidenced by his explanation of another justice’s earlier denial of a motion he had drafted and by his awareness of the prior proceedings before that justice in which he had unsuccessfully attempted to raise and argue pro se motions. Information in the Supreme Court file was further reflective of [203]*203defendant’s intelligence and educational level and familiarity with legal procedures. His court records indicated that defendant was 38 years of age, had earned a high school diploma through a G.E.D. program, was a student at the New York Restaurant School at the time of his arrest and had a lengthy experience with the criminal justice system, having accumulated three felony convictions. Thus, at nisi prius and on appellate review, the court file yields sufficient evidence of defendant’s age, education, occupation and experience with the criminal justice system to demonstrate that his waiver of his right to counsel was knowing and intelligent. It should be stressed, however, that the question is not about defendant’s competence to defend himself but, rather, his competence to waive, knowingly and intelligently, his right to counsel.

Furthermore, defendant’s conduct at the proceeding in which he represented himself confirms that he was fully capable of waiving his right to counsel. At every step, he showed his awareness of the nature and purpose of the proceedings and his ability to make cogent arguments and protect his interests. In arguing for reconsideration of another justice’s denial of his pro se motion concerning an alleged deficiency in the laboratory report, defendant stated that he would “like to preserve my right under CPL § 240.20, demanding the discovery of the proficiency of the chemist who tested everything right here on the record.” He represented himself at the Mapp/Dunaway hearing, displaying knowledge of the use of inconsistent statements in grand jury testimony as an impeachment technique. He moved to preclude the People from using his prior convictions against him should he testify, appropriately questioning the relevance of the convictions and pointing out their potential for causing undue prejudice. During voir dire, he requested that the court ask prospective jurors whether they could treat testifying police officers as they would any other witness.

At trial, he made appropriate objections during direct examination and cross-examined the People’s witnesses on relevant subjects, demonstrating an ability to focus on a particular theory of the case and to attempt to elicit testimony in support of that theory. Testifying in narrative form in his own behalf, defendant gave a coherent, albeit less than credible, explanation for his arrest, which complemented his trial strategy.

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Bluebook (online)
308 A.D.2d 200, 764 N.Y.S.2d 32, 2003 N.Y. App. Div. LEXIS 9063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-providence-nyappdiv-2003.