Summary
The New York Appellate Division, Fourth Department unanimously affirmed a judgment convicting Mounir L. Howard of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession of a weapon in the second degree. The court held that Howard withdrew or abandoned his request to proceed pro se and rejected his claim that the sentence was unduly harsh or severe.
Holdings
- County Court did not deny defendant the right to self-representation because defendant withdrew or abandoned his initial request to proceed pro se before counsel was assigned.
- The sentence was not unduly harsh or severe.
Questions Presented
- Whether County Court denied defendant the right to represent himself by appointing counsel after defendant initially indicated that he wanted to proceed pro se.
- Whether defendant's sentence was unduly harsh or severe.
Disposition
affirmed
Cases Cited (6)
- People v. McIntyre, 36 NY2d 10, 17 [1974](followed)
- People v. Lewis, 44 NY3d 350, 358 [2025](followed)
- People v. Williams, 203 AD3d 1571, 1571-1572 [4th Dept 2022], lv denied 38 NY3d 1075 [2022](followed)
- People v. Battle, 200 AD3d 1712, 1715 [4th Dept 2021], lv denied 38 NY3d 1132 [2022](followed)
- People v. Jordan, 157 AD3d 413, 414 [1st Dept 2018], lv denied 31 NY3d 984 [2018](followed)
- People v. Gillian, 8 NY3d 85, 88 [2006](followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…