Opinion
570123/01.
Decided February 18, 2004.
Defendant appeals from a judgment of the Criminal Court, New York County, rendered January 8, 2001 after a jury trial (Ruth Pickholz, J.) convicting him of assault in the third degree (Penal Law § 120.00 [2 counts]), attempted assault in the third degree (Penal Law §§ 110.00/120.00) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01), and sentencing him on each count to concurrent six-month jail terms.
Judgment of conviction rendered January 8, 2001 (Ruth Pickholz, J. and jury) affirmed.
PRESENT: McCOOE, J.P., DAVIS and SCHOENFELD, Justices.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the resolution of conflicts in testimony, were properly placed before the jury and there is no basis for disturbing its determinations. The jury properly credited evidence that disproved defendant's justification defense beyond a reasonable doubt.
Defendant was properly permitted to proceed pro se. The record, viewed as a whole, and with particular reference to defendant's age, education and criminal experience, and his colloquies with several Judges, establishes that his waiver of the right to counsel was knowing, intelligent and voluntary ( see, People v. Hayes, 293 AD2d 393, lv denied 98 NY2d 768; People v. Fisher, 244 AD2d 191, lv denied 91 NY2d 891; see also, People v. Providence, 308 AD2d 200, lv granted 100 NY2d 626).
Inasmuch as defendant completed the sentence imposed, his argument that it was excessive is moot ( see, People v. LaMotte, 285 AD2d 814, 817).
This constitutes the decision and order of the court.