Opinion
2000-02590
Argued March 1, 2002.
March 25, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered March 9, 2000, convicting him of rape in the first degree, after a nonjury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Yvonne Shivers of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam S. Charnoff of counsel), for respondent.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, and THOMAS A. ADAMS, JJ.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, his waiver of his right to counsel was unequivocal, voluntary, and intelligent (see People v. Smith, 92 N.Y.2d 516; People v. Sawyer, 57 N.Y.2d 12, 21, cert denied 459 U.S. 1178). The trial court undertook a sufficiently searching inquiry of the defendant to be reasonably certain that the dangers and disadvantages of giving up the fundamental right to counsel were impressed upon him (see People v. Perry, 276 A.D.2d 808). Further, the trial court informed the defendant of the risks and dangers of self-representation, to which the defendant responded by relaying his steadfast intention to adhere to his decision. Thus, the trial court properly granted his request to proceed pro se (see People v. Vivenzio, 62 N.Y.2d 775; People v. Perry, supra; People v. Trivino, 266 A.D.2d 323; People v. Miley, 154 A.D.2d 559).
The defendant's remaining contentions including those raised in his supplemental pro se brief are unpreserved for appellate review and, in any event, without merit.
S. MILLER, J.P., KRAUSMAN, H. MILLER and ADAMS, JJ., concur.