New trial ordered in burglary case

Listen to this article

The state’s highest court has reversed a conviction and ordered a new trial because a judge failed to properly address the defendant’s request to represent himself.

Defendant Stanley Holmes pleaded guilty in April 2017 in state Supreme Court in New York City to second-degree burglary. He was sentenced, as a persistent violent felony offender, to 16 years to life in state prison.

“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,” the Court of Appeals wrote.

Holmes initially appealed to the Appellate Division of state Supreme Court, First Department, where the court ruled that “there was no violation of defendant’s right to represent himself, because he did not clearly and unequivocally request to proceed pro se,” according to the First Department’s decision.

“Defendant’s isolated remark about representing himself did not reflect a definitive commitment to self-representation that would trigger a searching inquiry by the trial court,” the First Department wrote.

“Defendant’s sole expression of interest in representing himself was followed, almost immediately, by his apparent agreement with the court’s observation that self-representation would be undesirable. Furthermore, defendant had ample opportunity to clarify his position but failed to do so,” the First Department wrote.

[email protected] / (585) 232-2035