People v. Perry — 276 A.D.2d 808

Majority

p. 808

The People of the State of New York, Respondent, v Melville Perry, Appellant.

[715 NYS2d 166]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pincus, J.), rendered September 17, 1997, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s waiver of his right to counsel was unequivocal, voluntary, and intelligent (see, People v Smith, 92 NY2d 516 , 520; People v Slaughter, 78 NY2d 485 , 491; People v Sawyer, 57 NY2d 12 , 21, cert denied 459 US 1178 ). The trial 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 were impressed upon him (see, People v Smith, supra, at 520 ; People v Slaughter, supra, at 491 ; People v Sawyer, supra, at 21 ). Further, the trial court apprised the defendant of the risks and dangers of self-representation, and thus properly granted his request to proceed pro se (see, People v Vivenzio, 62 NY2d 775 ; People v El, 250 AD2d 395 ).

The defendant’s challenge to the validity of his waiver of the right to a jury trial is unpreserved for appellate review (see, People v Magnano, 77 NY2d 941 , affg 158 AD2d 979 , cert denied

p. 809

502 US 864 ; People v Garcia, 269 AD2d 464 ; People v Wheeler, 258 AD2d 542 ; People v Ospina, 192 AD2d 680 ). In any event, the written waiver form executed by the defendant and his statements on the record demonstrate that the jury waiver was valid (see, People v Wheeler, supra; People v Ospina, supra).

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Friedmann, Krausman and Schmidt, JJ., concur.

Cases cited

People v. Smith 92 NY2d 516 N.Y. 1998-12-17 at 520 p. 808
People v. Slaughter 78 NY2d 485 N.Y. 1991-11-21 at 491 p. 808
People v. Sawyer 57 NY2d 12 N.Y. 1982-07-02 at 21 p. 808
John Cuneo, Inc. v. National Labor Relations Board 459 US 1178 SCOTUS 1983-01-24 p. 808
People v. Vivenzio 62 NY2d 775 N.Y. 1984-05-15 p. 808
People v. Magnano 77 NY2d 941 N.Y. 1991-04-25 p. 808
People v. Blake 158 AD2d 979 N.Y. App. Div. 1990-02-02 p. 808
People v. Garcia 269 AD2d 464 N.Y. App. Div. 2000-02-14 p. 809
People v. Green 258 AD2d 542 N.Y. App. Div. 1999-01-28 p. 809