People v. Garcia
| Decision Date | 09 June 1986 |
| Citation | 503 N.Y.S.2d 151,121 A.D.2d 465 |
| Parties | The PEOPLE, etc., Respondent, v. Louis GARCIA, a/k/a Prince Cuba, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Elaine D. McKnight, Brooklyn, pro se.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Shulamit Rosenblum and Carol Teague Schwartzkopf of counsel), for respondent.
Before THOMPSON, J.P., and RUBIN, LAWRENCE and KUNZEMAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Heller, J.), rendered January 3, 1984, as amended July 19, 1984, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress statements.
Judgment, as amended, affirmed.
On appeal, the defendant contends that the hearing court erred in denying the branch of his motion which was to suppress statements because they were not made voluntarily. Contrary to the defendant's claim, the hearing court's determination that the defendant's statements were made voluntarily and spontaneously and without any physical or psychological coercion was supported by the record (see, People v. Rivers, 56 N.Y.2d 476, 453 N.Y.S.2d 156, 438 N.E.2d 862; People v. Anderson, 42 N.Y.2d 35, 396 N.Y.S.2d 625, 364 N.E.2d 1318).
The defendant, who acted as his own attorney during the proceedings, further contends that he was denied effective assistance of counsel at his suppression hearing due to the court's denial of his request to have his legal advisor question him during his direct examination, and at the hearing on his motion to set aside the sentence when the court appointed a Legal Aid attorney to represent him without his consent. The defendant's claim is without merit. It is established that where a defendant decides to represent himself, he has no constitutional right to be simultaneously advised or represented by appointed standby counsel (see, People v. Sawyer, 57 N.Y.2d 12, 22, 453 N.Y.S.2d 418, 438 N.E.2d 1133, cert. denied 459 U.S. 1178, 103 S.Ct. 830, 74 L.Ed.2d 1024; People v. Mirenda, 57 N.Y.2d 261, 265-267, 455 N.Y.S.2d 752, 442 N.E.2d 49; People v. Hazen, 94 A.D.2d 905, 907, 463 N.Y.S.2d 657). Thus, the hearing court's denial of the defendant's request that his legal adviser question him did not deprive him of any constitutionally protected right. Furthermore, the...
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