What is the test for a motion to grant a defendant in custody not to waive his right to counsel in the absence of a lawyer?
"New York", United States of America
The following excerpt is from People v. Coleman, 369 N.E.2d 742, 399 N.Y.S.2d 185, 42 N.Y.2d 500 (N.Y. 1977):
The motion should have been granted. We have long held, and recently reaffirmed that "Once a lawyer has entered a criminal proceeding representing a defendant in connection with criminal charges under investigation, the defendant in custody may not waive his right to counsel in the absence of the lawyer (People v. Arthur, 22 N.Y.2d 325, 329, 292 N.Y.S.2d 663, 239 N.E.2d 537)" (People v. Hobson, 39 N.Y.2d 479, 481, 384 N.Y.S.2d 419, 420, 348 N.E.2d 894, 896).
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