From Casetext: Smarter Legal Research

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1964
21 A.D.2d 681 (N.Y. App. Div. 1964)

Opinion

May 11, 1964


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 14, 1963 after a jury trial, convicting him of robbery and grand larceny (both in the first degree) and of assault in the second degree, and imposing sentence. Judgment affirmed. After the selection of the jury, during which defendant was represented by retained counsel, the defendant discharged his counsel. Although the jury had already been selected, the court adjourned the case several times for a total of a week to enable defendant's family to obtain another attorney, but they were unable to do so. The court thereupon offered to assign counsel, but defendant refused to accept the counsel suggested by the court. The trial proceeded with defendant acting as his own counsel. Under the circumstances, the defendant waived his right to counsel and was not deprieved of a fair trial ( People v. Gordon, 8 A.D.2d 835, affd. 7 N.Y.2d 942, remittitur amd. 7 N.Y.2d 1047, cert. den. 363 U.S. 853; People v. Bai, 7 N.Y.2d 152). Beldock, P.J., Kleinfeld, Christ, Brennan and Hill, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1964
21 A.D.2d 681 (N.Y. App. Div. 1964)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM DAVIS…

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

Date published: May 11, 1964

Citations

21 A.D.2d 681 (N.Y. App. Div. 1964)

Citing Cases

United States v. McMann

On February 13, 1963, he was sentenced as a second offender to serve a term of from 30 to 60 years. The…

People v. Stevenson

Appeal dismissed. An order denying such an application is not appealable (Code Crim. Pro., § 517; People v.…