Opinion
2013-02339
06-17-2015
The PEOPLE, etc., respondent, v. Matthew R. SMITH, also known as Kasiin Ali Bey, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Adrienne Wallace of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Adrienne Wallace of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Condon, J.), rendered February 8, 2013, convicting him of aggravated unlicensed operation of a motor vehicle in the first degree, false personation, and failure to obey a traffic control device, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, although the Supreme Court was unable to conduct a searching inquiry of the defendant with respect to the implications of self-representation, such an inability was due to the defendant's own conduct, and the record, as a whole, demonstrates that he made a knowing, voluntary, and intelligent decision, expressed through word and deed, to waive his right to counsel and to proceed pro se (see People v. Lineberger, 98 N.Y.2d 662, 746 N.Y.S.2d 450, 774 N.E.2d 214 ; People v. Sloane, 262 A.D.2d 431, 693 N.Y.S.2d 52 ). Furthermore, the court did not improvidently exercise its discretion in failing, sua sponte, to order a competency examination (see CPL 730.30[1] ; People v. Morgan, 87 N.Y.2d 878, 879, 638 N.Y.S.2d 942, 662 N.E.2d 260 ; People v. Pelaez, 100 A.D.3d 803, 804, 954 N.Y.S.2d 554 ; People v. Simpson, 52 A.D.3d 846, 847, 859 N.Y.S.2d 381 ).
RIVERA, J.P., COHEN, HINDS–RADIX and BARROS, JJ., concur.