People v. Smith — 129 A.D.3d 997

Majority

p. 997

The People of the State of New York, Respondent, v Matthew R. Smith, Also Known as Kasiin Ali Bey, Appellant.

[10 NYS3d 447]

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Condon, J.), rendered February 8, 2013, convicting him of aggravated unlicensed operation of a motor vehicle in the first degree, false personation, and

p. 998

failure to obey a traffic control device, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, although the Supreme Court was unable to conduct a searching inquiry of the defendant with respect to the implications of self-representation, such an inability was due to the defendant’s own conduct, and the record, as a whole, demonstrates that he made a knowing, voluntary, and intelligent decision, expressed through word and deed, to waive his right to counsel and to proceed pro se (see People v Lineberger, 98 NY2d 662 [2002]; People v Sloane, 262 AD2d 431 [1999]). Furthermore, the court did not improvidently exercise its discretion in failing, sua sponte, to order a competency examination (see CPL 730.30 [1]; People v Morgan, 87 NY2d 878 , 879 [1995]; People v Pelaez, 100 AD3d 803 , 804 [2012]; People v Simpson, 52 AD3d 846 , 847 [2008]).

Rivera, J.P., Cohen, Hinds-Radix and Barros, JJ., concur.

Cases cited

People v. Morgan 87 NY2d 878 N.Y. 1995-12-27 at 879 p. 998
People v. Pelaez 100 AD3d 803 N.Y. App. Div. 2012-11-14 at 804 p. 998