Opinion
December 14, 2000.
Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered June 29, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously reversed, on the law, and the matter remanded for a new trial.
Shari R. Michels, for respondent.
Lisa Lewis, for defendant-appellant.
Before: Sullivan, P.J., Rosenberger, Williams, Ellerin, Andrias, JJ.
As the People commendably concede, when the court denied defendant's request for new counsel and advised him that if he continued to reject the assistance of his assigned attorney he would be deemed to have waived his right to counsel, it was required to make the requisite "searching inquiry" to determine that defendant understood the dangers and disadvantages of proceeding pro se (see, People v. Smith, 92 N.Y.2d 516;People v. Sawyer, 57 N.Y.2d 12). Since no such inquiry was conducted by the court prior to requiring defendant to proceed pro se, a new trial is required.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.