People v. Higgins
| Decision Date | 25 January 1965 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Charles HIGGINS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Aaron E. Koota, Dist. Atty., Brooklyn, for respondent People; David Diamond, Brooklyn, of counsel.
Anthony F. Marra, New York City, for appellant; John C. Danforth, New York City, of counsel.
Before UGHETTA, Acting P. J., and CHRIST, HILL, RABIN and HOPKINS, JJ.
MEMORANDUM BY THE COURT.
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 wilfully 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, 250 N.Y.S.2d 375, mot. for lv. to app. den.).
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...did not have to go so far as to yield to appellant its power to decide when and if assigned counsel was to be relieved (People v. Higgins, 23 A.D.2d 504, 257 N.Y.S.2d 99, affd. 16 N.Y.2d 751, 262 N.Y.S.2d 119, 209 N.E.2d 733; cf. People v. Bostic, 34 A.D.2d 597, 308 N.Y.S.2d 120 (Cooke, J.)......
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People v. Lopez
...actually appeared. It has been held that right to counsel may be expressly and knowingly waived at the trial itself. (People v. Higgins, 23 A.D.2d 504, 257 N.Y.S.2d 99, affd. 16 N.Y.2d 751, 262 N.Y.S.2d 119, 209 N.E.2d Defendant was not advised that he had been indicted when the waiver was ......
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People v. DeChiaro
...to forego any representation or to assert any defense in the trial were equivalent to an express waiver of counsel (People v. Higgins, 23 A.D.2d 504, 257 N.Y.S.2d 99). To overturn a verdict solely because the defendants elected to proceed without counsel could result in playing into the han......
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People v. Sharpton
...and superfluous exercise (see, People v. Edwards, 140 A.D.2d 959, 529 N.Y.S.2d 633; People v. Whitted, supra; see also, People v. Higgins, 23 A.D.2d 504, 257 N.Y.S.2d 99, aff'd 16 N.Y.2d 751, 262 N.Y.S.2d 119, 209 N.E.2d 733; cf., People v. Medina, 44 N.Y.2d 199, 404 N.Y.S.2d 588, 375 N.E.2......