Opinion
June 15, 1992
Appeal from the Supreme Court, Kings County (Hayes, J.).
Ordered that the judgment is affirmed.
We agree with the Supreme Court that the evidence adduced at the reconstruction hearing showed that the defendant had knowingly and intelligently waived his right to counsel. The Trial Justice was aware that the defendant had been involved with the criminal justice system before, and, upon the defendant's request to represent himself, the Trial Justice had warned him that he would be foolish to do so. Upon the defendant's insistence on proceeding pro se, the Trial Justice made a determination that the defendant was capable of so doing, but, in addition, directed the defendant's attorney to act as standby counsel throughout the trial.
We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Sullivan, Harwood and Miller, JJ., concur.