Opinion
June 20, 1991
Appeal from the County Court of Tioga County (Siedlecki, J.).
We reject defendant's contention that County Court erred by allowing defendant to proceed pro se. The court made the requisite inquiry as to satisfy itself that defendant "competently, intelligently and voluntarily" waived his right to counsel (People v McIntyre, 36 N.Y.2d 10, 17; see, People v Sawyer, 57 N.Y.2d 12, 21, cert denied 459 U.S. 1178; People v White, 56 N.Y.2d 110, 117). Not only did the court inform defendant of the risks involved in representing himself, but it continued to advise defendant at various court appearances that he should have counsel. In fact, prior to the entry of his plea, defendant requested and was granted an appointment of counsel who was present during defendant's plea and sentencing. We also find no basis in the record before us for County Court to have ordered an examination pursuant to CPL article 730 to determine defendant's competency to stand trial (see, People v Harrington, 163 A.D.2d 327, 328, lv denied 76 N.Y.2d 940; People v Clickner, 128 A.D.2d 917, 918). We have examined defendant's remaining contentions and find them lacking in merit.
Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur. Ordered that the judgment and order are affirmed.