People v. Silburn

The Court of Appeals affirmed Defendant’s convictions for criminal possession of a weapon in the second degree, aggravated unlicensed operation of a motor vehicle in the third degree, and a related offense, holding that Defendant’s arguments on appeal were not consistent with the controlling law. On appeal, Defendant argued (1) he was denied his constitutional right of self-representation when the trial court denied his request to proceed pro se with “standby counsel” without making any further inquiry; and (2) he was deprived of a fair trial when the trial court precluded his proffered psychiatric testimony for failure to serve notice on the People. The Appellate Division affirmed. The Court of Appeals affirmed, holding (1) a trial court has the discretion to conduct further colloquy where a defendant does not unequivocally request to proceed without counsel but instead prefers to proceed with the assistance of counsel; and (2) the trial court did not err in precluding Defendant’s unnoticed psychiatric evidence because there was no justification for the surprise, and to allow it would contradict the statutory purpose behind the notice requirement. View "People v. Silburn" on Justia Law