Opinion
October 21, 1999
Kristin A. D'Amico for Respondent.
Lisa M. Porcari for Defendant-Appellant.
ROSENBERGER, J.P., TOM, MAZZARELLI, LERNER, FRIEDMAN, JJ.
Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered April 4, 1998, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4+ to 9 years, unanimously affirmed.
Defendant's waiver of the right to counsel was knowingly and voluntarily made. The court sufficiently warned him of the dangers and disadvantages of self-representation, and his lack of skill and ability did not provide a basis on which to deny his request to proceed pro se (People v. Vivenzio, 62 N.Y.2d 775).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.