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People v. Harvey

254 A.D.2d 107 Court N.Y. App. Div. Decision date 1998-10-15 English

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p. 107
The People of the State of New York, Respondent, v Charles Harvey, Appellant.
[679 NYS2d 286]

Judgment, Supreme Court, New York County (Allen Alpert, J.), rendered May 4, 1994, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him to a term of 21/s to 7 years, unanimously affirmed.

The sentencing minutes, read as a whole, establish that the court provided defendant a reasonable opportunity to be heard on his baseless requests for new counsel (see, People v Sides, 75 NY2d 822 ) and to withdraw his plea (see, People v Frederick, 45 NY2d 520 ). Defendant’s request to proceed pro se at the sentencing proceeding was unequivocal and his waiver of the right to counsel was knowing and voluntary (see, People v McIntyre, 36 NY2d 10 ). We have reviewed and rejected defendant’s remaining contentions. Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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