The People v. Stanley Holmes
This text of The People v. Stanley Holmes (The People v. Stanley Holmes) 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.
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]).
-1- -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
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