Opinion
2001-04770
Argued March 10, 2003.
March 31, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered May 22, 2001, convicting him of sodomy in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Jay L. Weiner of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, and a new trial is ordered.
Where a defendant is found competent to stand trial, he is necessarily competent to waive his right to counsel and proceed pro se (see People v. Ferguson, 248 A.D.2d 725; see also People v. Reason, 37 N.Y.2d 351). The Supreme Court improperly denied the defendant's unequivocal and timely request to defend himself pro se, without conducting a proper inquiry (see Faretta v. California, 422 U.S. 806; People v. Arroyo, 98 N.Y.2d 101; People v. Slaughter, 78 N.Y.2d 485; People v. Smith, 68 N.Y.2d 737, cert denied 479 U.S. 953; People v. McIntyre, 36 N.Y.2d 10, 15; People v. Tejada, 289 A.D.2d 516; cf. People v. Venticinque, 301 A.D.2d 619 [2d Dept, Jan. 21, 2003]; People v. Bell, 234 A.D.2d 378). As the People correctly concede, the Supreme Court thereby denied the defendant his constitutional right to present his own defense, and the judgment must be reversed and a new trial ordered.
At oral argument the attorney for the defendant, in effect, withdrew the defendant's claim that a new suppression hearing was warranted.
SANTUCCI, J.P., KRAUSMAN, TOWNES and MASTRO, JJ., concur.