Fourth Department – Right to represent oneself: People v. Howard

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Right to represent oneself — Abandonment

People v. Howard

KA 24-01289

Appealed from Oneida County Court

Background: The defendant appealed from a judgment convicting him of attempted assault. He argues that he was denied the right to represent himself.

Ruling: The Appellate Division affirmed. The court that the defendant abandoned his request to proceed pro se. The Appellate Division noted that after both he and his defense counsel agreed that their relationship was totally broken down, the court asked the defendant if he wanted to represent himself. The defendant responded “absolutely.” The defendant stated he had no legal training but then abruptly stated “conversation is done.” The court then stated that it did not believe he could represent himself to which the defendant responded “okay, that’s fine” and “all right,” indicating that he would look for new counsel, but did not want anyone from the public defender’s office. After several weeks of his inability to find counsel, he was signed a public defender.

John Rowley for the defendant-appellant; Michael A. Labella, of the district attorney’s office, for the respondent.

Submitted