People v Holmes, 40 NY3d 947 (2023)

2023 NY Slip Op 03186 [40 NY3d 947]
June 13, 2023
Court of Appeals

[*1]

The People of the State of New York, Respondent,
v
Stanley Holmes, Appellant.

Decided June 13, 2023

People v Holmes, 205 AD3d 653, reversed.

{**40 NY3d at 947} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, and a new trial ordered. In contrast to People v Duarte (37 NY3d 1218 [2022]), the trial court here recognized defendant as having unequivocally requested to proceed pro se. However, the court failed to conduct the required “ ’searching inquiry’ to ensure that the defendant’s waiver [of the right to counsel] is knowing, intelligent, and voluntary” (People v Silburn, 31 NY3d 144, 150 [2018] [some internal quotation marks omitted]).

Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro and Troutman concur. Judge Halligan took no part.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, and a new trial ordered, in a memorandum.