From Casetext: Smarter Legal Research

People v. Ford

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1988
143 A.D.2d 841 (N.Y. App. Div. 1988)

Opinion

October 17, 1988

Appeal from the County Court, Orange County (Cowhey, J.).


Ordered that the judgment as amended is affirmed.

The defendant contends that he was denied his constitutional right to represent himself. The exercise of this right requires an unequivocal request to proceed pro se (People v Sawyer, 57 N.Y.2d 12, 21, cert denied 459 U.S. 1178; People v McIntyre, 36 N.Y.2d 10, 17) which was lacking in this case. The record indicates that the defendant wanted an attorney to represent him but also wanted to make additional motions which his assigned counsel apparently thought were inappropriate. Under these circumstances the trial court acted properly in denying his requests to proceed pro se. Although a trial court may appoint counsel to assist a pro se defendant, a defendant has no constitutional right to a hybrid form of representation (People v Garcia, 69 N.Y.2d 903, rearg denied 70 N.Y.2d 694; People v Mirenda, 57 N.Y.2d 261). Since the defendant at bar made no request for standby counsel at the trial, no error was committed.

Finally, the defendant's possible affliction with acquired immune deficiency syndrome, in and of itself, does not warrant reducing the otherwise appropriate sentence (see, People v Napolitano, 138 A.D.2d 414; People v Parker, 132 A.D.2d 629, appeal dismissed 71 N.Y.2d 887; People v Brandow, 139 A.D.2d 819). Mangano, J.P., Weinstein, Kooper and Balletta, JJ., concur.


Summaries of

People v. Ford

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 1988
143 A.D.2d 841 (N.Y. App. Div. 1988)
Case details for

People v. Ford

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK FORD, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 17, 1988

Citations

143 A.D.2d 841 (N.Y. App. Div. 1988)

Citing Cases

People v. Smith

The defendant was represented by counsel throughout the proceedings. Therefore, the trial court's refusal to…

People v. Rivera

In Beames (supra) and Pitcher (supra) the appellate courts noted in passing their approval of a lower court's…