Opinion
October 8, 1992
Appeal from the Supreme Court, Bronx County (William T. Martin, J.).
The trial court did not abuse its discretion in denying defendant's motion for a mistrial. The court made a reasonable inquiry of defendant as to why he wanted to absent himself from the trial, ascertained that his decision was knowing and voluntary (see, People v Aiken, 45 N.Y.2d 394, 397), and then properly required his presence only for the purpose of in-court identification by the People's witnesses (People v Winship, 309 N.Y. 311, 313-314). The record also demonstrates that the court did not encourage defendant to act as co-counsel, but rather sought to explain to him the difficulties and pitfalls of self-representation. We have considered defendant's other points and find them to be without merit.
Concur — Carro, J.P., Wallach, Ross and Asch, JJ.