The People v. Stanley Holmes

Opinion

State of New York MEMORANDUM Court of Appeals This memorandum is uncorrected and subject to revision before publication in the New York Reports.

No. 71 SSM 2 The People &c., Respondent, v.

Stanley Holmes, Appellant.

Submitted by Megan D. Byrne, for appellant. Submitted by Michael J. Yetter, for respondent.

MEMORANDUM:

The order of the Appellate Division should be reversed, and a new trial ordered. In contrast to People v Duarte (37 NY3d 1218 [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 NY3d 144, 150 [2018] [internal quotation omitted]).

2

-2- SSM No. 2

On review of submissions pursuant to section 500.11 of the Rules, order reversed, and a new trial ordered, in a memorandum. Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro and Troutman concur. Judge Halligan took no part.

Decided June 13, 2023