From Casetext: Smarter Legal Research

People v. Reifsteck

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1987
134 A.D.2d 876 (N.Y. App. Div. 1987)

Opinion

November 10, 1987

Appeal from the Ontario County Court, Contiguglia, J.

Present — Denman, J.P., Green, Balio, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Although the trial court did not conduct a formal inquiry of defendant's age, experience, education and knowledge of the hazards of pro se representation (see, People v. Kaltenbach, 60 N.Y.2d 797, 799; People v. Williams, 96 A.D.2d 740), our review of the record reveals that defendant was 35 years old with a 20-year criminal record including a prior felony; that he had a thorough understanding of the criminal justice system and of the rights and remedies available to him; that he was articulate in advancing his legal arguments and was firm in his decision to represent himself. Indeed, the fact that he made a knowing determination to represent himself at pretrial proceedings and at trial is borne out by the fact that, during the colloquy after the jury verdict, defendant requested that counsel be assigned to advise him at a possible hearing on a second felony information because he was "not totally familiar with those aspects." The manner in which defendant represented himself at the trial and in pretrial proceedings also supports a finding that he knowingly and intelligently waived his right to counsel (see, People v. Vivenzio, 62 N.Y.2d 775; cf., People v. Williams, supra).

We have considered the remaining issues raised by defendant and find them to be lacking in merit.


Summaries of

People v. Reifsteck

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1987
134 A.D.2d 876 (N.Y. App. Div. 1987)
Case details for

People v. Reifsteck

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES EDWARD…

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

Date published: Nov 10, 1987

Citations

134 A.D.2d 876 (N.Y. App. Div. 1987)

Citing Cases

People v. Berger

As long as a "careful and realistic reading of the record" reveals that a defendant has been adequately…

People v. Berger

As long as a "careful and realistic reading of the record" reveals that a defendant has been adequately…