New York Court of Appeals

The People of the State of New York, Respondent v. Dennis Gillian, Appellant

December 21, 20068 N.Y.3d 85

Summary

The Court affirmed the conviction, holding that the defendant's request to proceed pro se was not clear and unequivocal, so the trial court's denial was proper. The majority emphasized that a waiver of the Sixth Amendment right to counsel must be invoked clearly, voluntarily, and intelligently. Justice Smith, in a concurring opinion, argued that the request was unequivocal and that the trial court erred, but noted the error was cured by the appointment of new counsel.