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PEOPLE v. HOLMES

Ind. No. 4372/11. Appeal No. 16043. Case No. 2017-02722.

205 A.D.3d 653 (2022)

167 N.Y.S.3d 392

2022 NY Slip Op 03483

The People of the State of New York, Respondent, v. Stanley Holmes, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Megan D. Byrne of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.

Concur— Acosta, P.J., Renwick, Singh, Moulton, Kennedy, JJ.

There was no violation of defendant's right to represent himself, because he "did not clearly and unequivocally request to proceed pro se" (People v Duarte, 37 N.Y.3d 1218, 1218 [2022]). "Upon review of the record as a whole" (id. at 1219), defendant's isolated remark about representing himself "did not reflect a definitive commitment to self-representation that would trigger a searching inquiry by the trial court...

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