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 New York Court of Appeals affirmed the defendant's conviction, holding that his request to proceed pro se was not clear and unequivocal and therefore did not constitute a valid waiver of the right to counsel. The Court emphasized that a waiver must be invoked expressly, voluntarily, and intelligently. Justice Smith, in a concurring opinion, disagreed with the majority on whether the request was unequivocal. The Court noted that the defendant's remaining arguments were not preserved for review.