Opinion
December 30, 1992
Appeal from the Orleans County Court, Miles, J.
Present — Callahan, J.P., Pine, Lawton, Boehm and Davis, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to defendant's contention that he was denied effective assistance of trial counsel. The representation given by counsel before the court permitted him to withdraw was meaningful and effective (see, People v Baldi, 54 N.Y.2d 137). Nor did County Court deny defendant effective assistance of counsel by permitting defendant to continue pro se after counsel sought permission to withdraw because he disagreed with defendant's decision to testify. The record supports the court's determination, made after a lengthy and searching inquiry and a recess to permit defendant to discuss the matter further with counsel, that defendant's decision to continue pro se was knowingly and voluntarily made (see, People v Landy, 59 N.Y.2d 369, 377; see also, People v Sawyer, 57 N.Y.2d 12, 21, cert denied 459 U.S. 1178).