People v. Davis

• Decision Date: 11 May 1964
• Citation: 250 N.Y.S.2d 375,21 A.D.2d 681
• Parties: The PEOPLE of the State of New York, Respondent, v. William DAVIS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 375

250 N.Y.S.2d 375

21 A.D.2d 681

The PEOPLE of the State of New York, Respondent, v. William DAVIS, Appellant.

Supreme Court, Appellate Division, Second Department.

May 11, 1964.

Anthony F. Marra, New York City, Laurence G. Bodkin, Jr., New York City, of counsel, for appellant.

Edward S. Silver, Dist. Atty., Brooklyn, Harold M. Brown, Brooklyn, of counsel, for respondent.

Before BELDOCK, P. J., and KLEINFELD, CHRIST, BRENNAN and HILL, JJ.

MEMORANDUM BY THE COURT.

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 deprived of a fair trial (People v. Gordon, 8 A.D.2d 835, 190 N.Y.S.2d 625, affd. 7 N.Y.2d 942, 198 N.Y.S.2d 314, remittitur amended 7 N.Y.2d 1047, 200 N.Y.S.2d 433, cert. den. 363 U.S. 853, 80 S.Ct. 1634, 4 L.Ed.2d 1735; People v. Bai, 7 N.Y.2d 152, 196 N.Y.S.2d 87, 164 N.E.2d 387).