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The People of the State of New York, Respondent, v. Franz Conseillant, Also Known as Hakiem Conseillant, Appellant

New York Supreme Court, Appellate Division1999-10-07
265 A.D.2d 179696 N.Y.S.2d 412

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Opinion

majority opinion

—Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered April 4, 1998, 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 41/2 to 9 years, unanimously affirmed.

Defendant’s waiver of the right to counsel was knowingly and voluntarily made. The court sufficiently warned him of the dangers and disadvantages of self-representation, and his lack of skill and ability did not provide a basis on which to deny his request to proceed pro se (People v Vivenzio, 62 NY2d 775). Concur — Rosenberger, J. P., Tom, Mazzarelli, Lerner and Friedman, JJ.