Opinion
2000-05557
Argued January 2, 2003.
January 21, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered May 23, 2000, convicting him of robbery in the first degree (two counts) and assault in the first degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Judith Stern of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Lisa Drury, Laura Ross, Ellen C. Abbot, and Lauren J. Rocklin of counsel), for respondent.
Before: SONDRA MILLER, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the trial court providently exercised its discretion in denying his request to proceed pro se. The request was untimely and made at an advanced stage of the trial, and the defendant failed to set forth a compelling reason for the request (see People v. McIntyre, 36 N.Y.2d 10; People v. Bell, 234 A.D.2d 378; People v. Walker, 168 A.D.2d 525, 526).
Moreover, the trial court properly declined to charge petit larceny and assault in the second degree as lesser-included offenses. Viewed in the light most favorable to the defendant, we find that under the facts of this case there is no reasonable view of the evidence which would have supported the submission of these charges (see CPL 300.50; People v. Scarborough, 49 N.Y.2d 364, 368; People v. Ruggiero, 282 A.D.2d 765; People v. Zayas, 140 A.D.2d 395).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
S. MILLER, J.P., SCHMIDT, TOWNES and CRANE, JJ., concur.