PEOPLE v. SILVERS, 68 N.Y.2d 957 (1986)

510 N.Y.S.2d 540, 503 N.E.2d 96

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES SILVERS, Appellant.

Court of Appeals of the State of New York.Argued October 9, 1986
Decided November 13, 1986

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Martin Rettinger, J.

Cynthia R. Finn and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Jeffrey Scott Sarokin and Amyjane Rettew of counsel), for respondent.

MEMORANDUM.

The order of the Appellate Division should be reversed, the conviction vacated, and a new trial ordered.

Page 958

The People concede that the trial court erred in denying the defendant’s motion to represent himself on the ground that he was not sufficiently versed in the law to do so (see, People v McIntyre, 36 N.Y.2d 10). The People’s alternative argument that the defendant should have been disqualified from acting as his own attorney because of his “deceptive character”, was not preserved for review in the trial court. In any event it is not a rational ground for disqualifying a defendant in a criminal case.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.

Order reversed, etc.