People v. Finger — 304 A.D.2d 431

Majority

p. 431

The People of the State of New York, Respondent, v Martin Finger, Appellant.

[757 NYS2d 436]

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered August 19, 1999, convicting defendant, after a jury trial, of assault in the second degree, escape in the second degree and criminal mischief in the fourth degree, and sentencing him, as a second violent felony offender, to consecutive terms of three years and 2 to 4 years to run concurrently with a term of one year, unanimously affirmed.

The court was not required to conduct a “searching inquiry” since defendant did not proceed pro se, but merely participated in the defense of his case by cross-examining, or conducting a portion of the cross-examination of, a few of the prosecution witnesses (see People v Cabassa, 79 NY2d 722 , 730-731 [1992], cert denied sub nom. Lind v New York, 506 US 1011 [1992]; People v Johnson, 251 AD2d 183 [1998], lv denied 92 NY2d 950

p. 432

[1998]; People v Timmons, 199 AD2d 8 [1993], lv denied 83 NY2d 811 [1994]). The court’s warning that defendant would be better served by having counsel conduct the entire defense sufficed to protect defendant’s interests. Concur — Andrias, J.P., Saxe, Lerner, Friedman and Marlow, JJ.

Cases cited

People v. Cabassa 79 NY2d 722 N.Y. 1992-07-02 at 730-731 p. 431
Ada v. Guam Society of Obstetricians & Gynecologists 506 US 1011 SCOTUS 1992-11-30 p. 431
People v. Johnson 251 AD2d 183 N.Y. App. Div. 1998-06-23 p. 431
People v. Timmons 199 AD2d 8 N.Y. App. Div. 1993-12-02 p. 432