Opinion
5349 Ind. 569/14
01-09-2018
The PEOPLE of the State of New York, Respondent, v. Johnny TORRES, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.
Richter, J.P., Tom, Kapnick, Kern, Moulton, JJ.
Judgment, Supreme Court, New York County (Michael J. Obus, J. at calendar calls; Patricia M. Nuñez, J. at hearing, jury trial and sentencing), rendered July 16, 2015, convicting defendant of criminal contempt in the second degree, and sentencing him to a term of one year, unanimously affirmed.
The court properly granted defendant's request to represent himself. The combination of the trial court's colloquy with defendant and the colloquies already conducted by the calendar court was sufficient to warn defendant of the risks and disadvantages of proceeding pro se, the range of possible sentences, and the advantages of being represented by an attorney. Moreover, the trial court elicited some information covering defendant's personal background and familiarity with the criminal justice system. This was sufficient to ascertain that defendant's waiver was knowing, intelligent and voluntary (see People v. Arroyo, 98 N.Y.2d 101, 745 N.Y.S.2d 796, 772 N.E.2d 1154 [2002] ; People v. Smith, 92 N.Y.2d 516, 520, 683 N.Y.S.2d 164, 705 N.E.2d 1205 [1998] ). Moreover, the court permitted defense counsel to remain as a legal advisor and to conduct portions of the trial, and there is nothing in the record to indicate that the court should have inquired into defendant's mental condition at the time he sought to waive his right to counsel (see 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] ).