PEOPLE, res, v. RAYMOND CRESPO, def-ap

1822. PEOPLE, res, v. RAYMOND CRESPO, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Stephen J. Kress of counsel), for res — Judgment, Supreme Court, New York County (Thomas A. Farber, J.), rendered December 19, 2014, convicting defendant, after a jury trial, of assault in the first degree and criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life and 3 to 7 years, respectively, unanimously reversed, on the law, and the matter remanded for a new trial.

Prior to the start of jury selection, defendant’s counsel moved to withdraw, telling the trial court that defendant would no longer speak with him. The court denied the motion. During jury selection, defendant told the court that he did not want his lawyer representing him and that he wished to represent himself. The court responded that it was “too late to make that request,” but offered to reconsider the issue after jury selection was complete. Defendant reaffirmed that representing himself “is exactly what I want to do.” Shortly after, defendant again told the court that he wanted to represent himself, and the judge again denied the request as untimely. The court did not make any inquiry into defendant’s request to proceed pro se, even after the trial prosecutor asked the court to do so. Nor did the court revisit the issue after the jury was seated.