State of New York                                              MEMORANDUM
Court of Appeals                                          This memorandum is uncorrected and subject to
                                                        revision before publication in the New York Reports.




 No. 71 SSM 2
 The People &c.,
         Respondent,
      v.
 Stanley Holmes,
         Appellant.




 Submitted by Megan D. Byrne, for appellant.
 Submitted by Michael J. Yetter, for respondent.




 MEMORANDUM:

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

 contrast to People v Duarte (

 [2022]), the trial court here recognized

 defendant as having unequivocally requested to proceed pro se. However, the court failed

 to conduct the required “‘searching inquiry’ to ensure that the defendant’s waiver [of the

 right to counsel] is knowing, intelligent, and voluntary” (People v Silburn, 

 [2018] [internal quotation omitted]).



                                             -1-
                                         -2-                                SSM No. 2


On review of submissions pursuant to section 500.11 of the Rules, order reversed, and a
new trial ordered, in a memorandum. Chief Judge Wilson and Judges Rivera, Garcia,
Singas, Cannataro and Troutman concur. Judge Halligan took no part.

Decided June 13, 2023




                                         -2-