Opinion
03-19-2015
The PEOPLE of the State of New York, Respondent, v. Kevin MOORE, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Joshua L. Haber of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Richard D. Carruthers, J. at application to proceed pro se; Lewis Bart Stone, J. at jury trial and original sentencing; Daniel McCullough, J., at resentencing), rendered August 18, 2011, as amended December 18, 2013, convicting defendant of five counts of burglary in the third degree and seven counts of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to an aggregate term of 10 to 20 years, unanimously affirmed.
Before allowing defendant to waive his right to counsel, the court conducted a thorough inquiry and fully warned defendant of the disadvantages and risks of representing himself and of the important role of an attorney (see People v. Arroyo, 98 N.Y.2d 101, 745 N.Y.S.2d 796, 772 N.E.2d 1154 [2002] ; People v. Collins, 77 A.D.3d 404, 908 N.Y.S.2d 49 [1st Dept.2010]lv. denied 16 N.Y.3d 797, 919 N.Y.S.2d 513, 944 N.E.2d 1153 [2011] ). The court also asked defendant about his psychiatric history, and there is nothing in the record to indicate that defendant was mentally ill or had any mental condition that would affect his ability to waive counsel and proceed pro se (see People v. Stone, 22 N.Y.3d 520, 527–529, 983 N.Y.S.2d 454, 6 N.E.3d 572 [2014] ). Further, the court did not immediately grant defendant's request. Rather, the court adjourned the proceedings so that defendant could consult with defense counsel “at length” about defendant's decision to represent himself. Moreover, although the court was not required to do so, it ordered that defense counsel remain in the case as defendant's legal advisor (see People v. Rodriguez, 95 N.Y.2d 497, 501, 719 N.Y.S.2d 208, 741 N.E.2d 882 [2000] ).
We perceive no basis for reducing the sentence.
TOM, J.P., ACOSTA, ANDRIAS, MOSKOWITZ, KAPNICK, JJ., concur.