From Casetext: Smarter Legal Research

People v. Higgins

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1965
23 A.D.2d 504 (N.Y. App. Div. 1965)

Opinion

January 25, 1965


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 25, 1963 after a jury trial, convicting him of attempted robbery in the second degree, attempted petit larceny, and assault in the second degree, and imposing sentence upon him as a second felony offender. Judgment affirmed. We find that during trial, the defendant, acting in bad faith, discharged his assigned counsel. Though the request to do so was denied, he repeatedly demanded the right to retain private counsel. Defendant was twice offered the opportunity to proceed with his assigned counsel. Instead, he willfully decided to forego any representation or to assert any defense unless the trial court granted his demand to which, concededly, he was then not entitled. In our opinion, defendant's position was substantively equivalent to an express waiver of counsel, since he adamantly refused to proceed with the assigned counsel to which he was properly limited (see People v. Davis, 21 A.D.2d 681). Ughetta, Acting P.J., Christ, Hill, Rabin and Hopkins, JJ., concur.


Summaries of

People v. Higgins

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1965
23 A.D.2d 504 (N.Y. App. Div. 1965)
Case details for

People v. Higgins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES HIGGINS…

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

Date published: Jan 25, 1965

Citations

23 A.D.2d 504 (N.Y. App. Div. 1965)

Citing Cases

People v. Sharpton

The bringing of a motion of highly dubious merit on the very date set for trial coupled with defendants'…

People v. Medina

upplementary request for delay, acted within the parameters of its discretion in order to prevent orderly…