New York Court of Appeals

The People of the State of New York, Respondent v. John Smith, Appellant

July 10, 198668 N.Y.2d 737

Summary

The Court of Appeals reversed the Appellate Division and ordered a new trial because the trial court failed to conduct the required inquiry into the defendant's pro se request, violating the standards set by People v. McIntyre and Faretta. The majority held that the conviction must be vacated and the retrial conducted without counsel, as the defendant sought an uncounseled proceeding. Justice Kaye dissented, arguing the conviction should stand and no new trial be granted. The decision also addressed several ancillary issues, finding no reversible error on juror disqualification or pretrial publicity.