People v. Arroyo
Decision Date | 11 June 2002 |
Citation | 745 N.Y.S.2d 796,772 N.E.2d 1154,98 N.Y.2d 101 |
Court | New York Court of Appeals Court of Appeals |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL ARROYO, Appellant. |
Shearman & Sterling, New York City (Donna Marie Werner of counsel) and Office of the Appellate Defender (Richard M. Greenberg and Daniel A. Warshawsky of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York City (Kristin A. Kirk and Patrick J. Hynes of counsel), for respondent.
This appeal requires us to address a classic constitutional dilemma—the inherent conflict between a defendant's right to counsel and the right of self-representation.
After a jury trial, defendant Michael Arroyo was convicted of robbery in the second degree and grand larceny in the fourth degree. During trial, Arroyo informed Supreme Court of his desire to proceed pro se, expressing dissatisfaction with his attorney's efforts on his behalf. After inquiring whether defendant "really want[ed]" to represent himself, the court noted:
Undaunted by these cursory warnings and committed to his own defense, Arroyo proceeded pro se. However, at the court's request, defense counsel did stand by in the event he was needed. The Appellate Division affirmed the conviction (279 AD2d 386) and a Judge of this Court granted leave to appeal.
The constitutional right to counsel is fundamental to our system of justice (see US Const 6th Amend; NY Const, art I, § 6). Implicit in the exercise of this right is the concomitant right to forego the advantages of counsel and represent oneself (see People v McIntyre, 36 NY2d 10, 15
; see also Adams v United States ex rel. McCann, 317 US 269, 279 [ ]). It is a "nearly universal conviction, on the part of our people as well as our courts, that forcing a lawyer upon an unwilling defendant is contrary to his basic right to defend himself if he truly wants to do so" (Faretta v California, 422 US 806, 817; see also People v Smith, 68 NY2d 737, 739). The right to counsel and the right to forego counsel are "inherently antagonistic" ideals; in order to best promote the orderly administration of justice and insulate convictions from claims of deprivation of fundamental fairness, the right to self-representation is necessarily a qualified right (see McIntyre, 36 NY2d at 14, 16-17).
Thus, before proceeding pro se a defendant must make a knowing, voluntary and intelligent waiver of the right to counsel (see People v Slaughter, 78 NY2d 485, 491
; People v Vivenzio, 62 NY2d 775, 776). In determining whether a waiver meets this requirement, the court should undertake a "`searching inquiry'" of defendant (Slaughter, 78 NY2d at 491 [citing Faretta, 422 US at 835]). A defendant need not have the professional skills and experience of an attorney to choose self-representation.
However, a defendant should be "made aware of the dangers and disadvantages of self-representation, so that the record will establish that `he knows what he is doing and his choice is made with eyes open'" (Faretta, 422 US at 835). Moreover, appropriate record evidence is required which "should affirmatively disclose that a trial court has delved into a defendant's age, education, occupation, previous exposure to legal procedures and other relevant factors bearing on a competent, intelligent, voluntary waiver" (People v Smith, 92 NY2d 516, 520 [citing McIntyre, 36 NY2d at 17]). Although we have eschewed application of any rigid formula and endorsed the use of a...
To continue reading
Request your trial-
People v. Anderson
...education or experience in the law ( see People v. Providence, 2 N.Y.3d at 583, 780 N.Y.S.2d 552, 813 N.E.2d 632; cf. People v. Arroyo, 98 N.Y.2d 101, 104, 745 N.Y.S.2d 796, 772 N.E.2d 1154). The Court of Appeals has “eschewed application of any rigid formula and endorsed the use of a nonfo......
-
People v. Crespo
...(see N.Y. Const, art I, § 6 ; Faretta v. California , 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 [1975] ; People v. Arroyo , 98 N.Y.2d 101, 103, 745 N.Y.S.2d 796, 772 N.E.2d 1154 [2002] ). This right, however, is not absolute. The timeliness of the request, among other things, is a prerequ......
-
People v. Dashnaw
...to proceed pro se may be granted ( see People v. Chandler, 109 A.D.3d 1202, 1203, 971 N.Y.S.2d 778 [2013];see also People v. Arroyo, 98 N.Y.2d 101, 104, 745 N.Y.S.2d 796, 772 N.E.2d 1154 [2002] ). Based upon our review of the record as whole, and taking into consideration defendant's insist......
-
People v. Rolle
...was conducted by the court ( see People v. McIntyre, 36 N.Y.2d 10, 17, 364 N.Y.S.2d 837, 324 N.E.2d 322 [1974]; compare People v. Arroyo, 98 N.Y.2d 101, 103-104, 745 N.Y.S.2d 796, 772 N.E.2d 1154 [2002]; People v. Tafari, 68 A.D.3d 1540, 1541, 891 N.Y.S.2d 711 [2009] ). Defendant's waiver o......