People v. Silvers

New York Court of Appeals

People v. Silvers

503 N.E.2d 96, 68 N.Y.2d 957, 510 N.Y.S.2d 540, 1986 N.Y. LEXIS 20923

CourtNew York Court of Appeals

DecidedNovember 13, 1986

StatusPublished

Cited by3 cases

This text of 503 N.E.2d 96 (People v. Silvers) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Silvers, 503 N.E.2d 96, 68 N.Y.2d 957, 510 N.Y.S.2d 540, 1986 N.Y. LEXIS 20923 (N.Y. 1986).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the conviction vacated, and a new trial ordered.

*958 The People concede that the trial court erred in denying the defendant’s motion to represent himself on the ground that he was not sufficiently versed in the law to do so (see, People v McIntyre, 36 NY2d 10). The People’s alternative argument that the defendant should have been disqualified from acting as his own attorney because of his "deceptive character”, was not preserved for review in the trial court. In any event it is not a rational ground for disqualifying a defendant in a criminal case.

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur in memorandum.

Order reversed, etc.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, the conviction vacated, and a new trial ordered.

*958 The People concede that the trial court erred in denying the defendant’s motion to represent himself on the ground that he was not sufficiently versed in the law to do so (see, People v McIntyre, 36 NY2d 10). The People’s alternative argument that the defendant should have been disqualified from acting as his own attorney because of his "deceptive character”, was not preserved for review in the trial court. In any event it is not a rational ground for disqualifying a defendant in a criminal case.

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur in memorandum.

Order reversed, etc.

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Bluebook (online)

503 N.E.2d 96, 68 N.Y.2d 957, 510 N.Y.S.2d 540, 1986 N.Y. LEXIS 20923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-silvers-ny-1986.

Opinion

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