The Appellate Division has ordered a new trial for a defendant convicted of passing bad checks after finding that the trial judge misapplied the law on self-representation in criminal cases.
In a published decision, the panel reversed John Van Ness’ conviction on three counts each of theft by deception and issuing bad checks after a trial at which the defendant represented himself. But the appeals court said the trial judge wrongly concluded that he was obligated under a recent state Supreme Court ruling to permit the defendant to represent himself.
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