Opinion
720
April 11, 2002.
Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered June 10, 1999, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.
Sandra Cavazos, for respondent.
John F. Lynch, for defendant-appellant.
Before: Williams, P.J., Saxe, Lerner, Rubin, Marlow, JJ.
The court's preclusion of certain questions that defendant sought to ask the police chemist on cross-examination, and its denial of defendant's request for the production of additional laboratory employees as defense witnesses, were reasonable in that defendant made insufficient offers of proof as to the relevancy of these questions and witnesses (see, People v. Arroyo, 77 N.Y.2d 947), and these rulings could not have impaired defendant's defense or affected the verdict (see, Delaware v. Van Arsdall, 475 U.S. 673, 678-679). The record establishes that defendant abandoned his request for an independent analysis of the drugs (see, People v. Graves, 85 N.Y.2d 1024, 1027;People v. Rodriguez, 50 N.Y.2d 553). The court's colloquy with defendant prior to accepting his written jury waiver was sufficient, particularly since defendant acknowledged that, although he was appearing pro se, he had discussed the waiver with his standby legal advisor (see, People v. Dennis, 210 A.D.2d 803, 804-805, lv denied 85 N.Y.2d 937; People v. Watson, 162 A.D.2d 360).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.