People v. Diaz
| Decision Date | 21 May 2002 |
| Citation | 294 A.D.2d 225,741 N.Y.S.2d 858 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>JIMMY DIAZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
The trial court properly denied defendant's requests to proceed pro se at trial. Defendant engaged in seriously disruptive behavior (see, People v McIntyre, 36 NY2d 10, 17), which was documented by the court on the record. In addition to interruptions made in its presence, the trial court had learned that defendant's behavior at a hearing before another justice had been so disruptive that it provided support for a severance motion by a codefendant. Furthermore, defendant's requests to represent himself were equivocal. As the record makes clear, defendant was seeking hybrid representation to which he was not entitled (see, People v Mirenda, 57 NY2d 261, 265-266; People v Garcia, 69 NY2d 903).
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4 cases
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People v. Brown
...by counsel for other purposes. Given defendant's equivocation the court properly denied the application (see People v. Diaz, 294 A.D.2d 225, 741 N.Y.S.2d 858 [1st Dept. 2002], lv denied 98 N.Y.2d 767, 752 N.Y.S.2d 7, 781 N.E.2d 919 [2002] ). The court properly denied defendant's speedy tria......
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People v. Brown
...represented by counsel for other purposes. Given defendant's equivocation the court properly denied the application (see People v Diaz, 294 A.D.2d 225 [1st Dept 2002], lv denied 98 N.Y.2d 767 [2002]). The court properly denied defendant's speedy trial motion. The motion court correctly excl......
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