People v. Vivenzio
| Decision Date | 15 May 1984 |
| Citation | 477 N.Y.S.2d 318,62 N.Y.2d 775,465 N.E.2d 1254 |
| Parties | , 465 N.E.2d 1254 The PEOPLE of the State of New York, Appellant, v. Lance VIVENZIO, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be reversed and the case remitted to the Appellate Division, Fourth Department, for determination of the facts in accordance with CPL 470.40 (subd. 2, par. ) and 470.25 (subd. 2, par. ) and for consideration of the other issues not reached by that court.
As the dissenters below held (see 96 A.D.2d 728, 465 N.Y.S.2d 350) there could be a finding on this record that defendant knowingly and intelligently waived his right to counsel and that County Court could properly permit him to proceed pro se (see Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562). Regardless of his lack of expertise and the rashness of his choice, defendant could choose to waive counsel if he did so knowingly and voluntarily (see Faretta v. California, supra; People v. Landy, 59 N.Y.2d 369, 377, 465 N.Y.S.2d 857, 452 N.E.2d 1185; People v. McIntyre, 36 N.Y.2d 10, 17, 364 N.Y.S.2d 837, 324 N.E.2d 322). A criminal defendant is entitled to be master of his own fate and "respect for individual autonomy requires that he be allowed to go to jail under his own banner if he so desires and if he makes the choice 'with eyes open' " (United States ex rel. Maldonado v. Denno, 348 F.2d 12, 15). Once defendant elected to waive counsel, the only obligation of the court was to insure that he was aware of the dangers and disadvantages of self-representation before allowing him to proceed (Faretta v. California, supra, 422 U.S. p. 835, 95 S.Ct. p. 2541; People v. McIntyre, supra ).
There can be little doubt that the court did so here. It determined that defendant was an adult who had been involved in the criminal process before, that he had a lawyer with whom he had discussed his decision, who advised against it and who was available as standby counsel throughout the trial. The court warned defendant forcefully that he did not have the training or knowledge to defend himself, that others who had done so had been unsuccessful and that if he insisted upon appearing pro se he would be held to the same standards of procedure as would an attorney. Defendant nevertheless insisted on...
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...552, 813 N.E.2d 632, quoting People v. Slaughter, 78 N.Y.2d 485, 492, 577 N.Y.S.2d 206, 583 N.E.2d 919; see People v. Vivenzio, 62 N.Y.2d 775, 776, 477 N.Y.S.2d 318, 465 N.E.2d 1254). Contrary to the defendant's contention, his waiver was not ineffective for lack of inquiry into specific fa......
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...go to [prison] under his own banner if he so desires and if he makes the choice with eyes [wide] open” ( People v. Vivenzio, 62 N.Y.2d 775, 776, 477 N.Y.S.2d 318, 465 N.E.2d 1254 [1984] [internal quotation marks and citation omitted] ). Accordingly, “[a] defendant in a criminal case may inv......
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...to waive counsel [where, as here, the record reflects that] he did so knowingly and voluntarily" ( People v. Vivenzio , 62 N.Y.2d 775, 776, 477 N.Y.S.2d 318, 465 N.E.2d 1254 [1984] ; see People v. Malone , 119 A.D.3d 1352, 1355, 989 N.Y.S.2d 218 [4th Dept. 2014], lv denied 24 N.Y.3d 1003, 9......
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