PEOPLE v. HOLMES (2023)

Court of Appeals of New York.

The PEOPLE & c., Respondent, v. Stanley HOLMES, Appellant.

No. 71 SSM 2

Decided: June 13, 2023

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

MEMORANDUM

MEMORANDUM:

The order of the Appellate Division should be reversed, and a new trial ordered. In contrast to People v. Duarte, 37 N.Y.3d 1218, 163 N.Y.S.3d 487, 183 N.E.3d 1205 [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 N.Y.3d 144, 150, 74 N.Y.S.3d 781, 98 N.E.3d 696 [2018] [internal quotation omitted]).

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.

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