Opinion
May 27, 1988
Appeal from the Onondaga County Court, Burke, J.
Present — Dillon, P.J., Boomer, Pine, Balio, and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: The court did not err in permitting defendant to defend pro se. Defendant unequivocally exercised his right to self-representation, his waiver of counsel was knowing and intelligent (People v McIntyre, 36 N.Y.2d 10, 14), and the 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 [had] been impressed on the defendant" (People v Sawyer, 57 N.Y.2d 12, 21, rearg dismissed 57 N.Y.2d 776, cert denied 459 U.S. 1178).
The court's error in failing to advise the parties before summation of the charges it would consider (see, CPL 300.10) was harmless (see, People v Pitello, 97 A.D.2d 801; People v Smith, 77 A.D.2d 712; People v Scott, 66 A.D.2d 861; People v Chapman, 60 A.D.2d 584). Since defendant was convicted of an offense charged and not of any lesser included offense, defendant was not deprived of his right to an effective summation.