Opinion
07-26-2017
The PEOPLE, etc., respondent, v. Adam WRIGHT, appellant.
Lynn W.L. Fahey, New York, NY (William A. Loeb and Alex Donn of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Seth M. Lieberman, and Terrence F. Heller of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (William A. Loeb and Alex Donn of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Seth M. Lieberman, and Terrence F. Heller of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Riviezzo, J.), rendered February 29, 2012, convicting him of rape in the first degree (four counts), sexual abuse in the first degree (two counts), assault in the second degree, assault in the third degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court did not err in granting his request to represent himself at trial. The record, as a whole, demonstrates that the defendant made a knowing, voluntary, and intelligent decision to waive his right to counsel and to proceed pro se (see People v. Crampe, 17 N.Y.3d 469, 481–482, 932 N.Y.S.2d 765, 957 N.E.2d 255 ; People v. McCord, 133 A.D.3d 689, 690, 20 N.Y.S.3d 98 ; cf. People v. Arroyo, 98 N.Y.2d 101, 103–104, 745 N.Y.S.2d 796, 772 N.E.2d 1154 ; People v. Slaughter, 78 N.Y.2d 485, 491, 577 N.Y.S.2d 206, 583 N.E.2d 919 ; Matter of Lawrence S., 29 N.Y.2d 206, 208–209, 325 N.Y.S.2d 921, 275 N.E.2d 577 ). Moreover, the court adequately warned the defendant of the risk inherent in proceeding pro se, and apprised him of the singular importance of the lawyer in the adversarial system of adjudication (see People v. Crampe, 17 N.Y.3d at 482, 932 N.Y.S.2d 765, 957 N.E.2d 255 ; People v. Arroyo, 98 N.Y.2d at 104, 745 N.Y.S.2d 796, 772 N.E.2d 1154 ; People v. Smith, 92 N.Y.2d 516, 520, 683 N.Y.S.2d 164, 705 N.E.2d 1205 ; People v. McCord, 133 A.D.3d at 690, 20 N.Y.S.3d 98 ).
LEVENTHAL, J.P., BARROS, CONNOLLY and BRATHWAITE NELSON, JJ., concur.