People v. Johnson, 4205.

CourtNew York Supreme Court Appellate Division
Citation864 N.Y.S.2d 429,2008 NY Slip Op 7566,55 A.D.3d 328
Docket Number4205.,1684/06.
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT JOHNSON, Appellant.
Decision Date07 October 2008
55 A.D.3d 328
864 N.Y.S.2d 429
2008 NY Slip Op 7566
THE PEOPLE OF THE STATE OF NEW YORK, Respondent,
v.
ROBERT JOHNSON, Appellant.
4205.
1684/06.
Appellate Division of the Supreme Court of the State of New York, First Department.
October 7, 2008.

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered September 18, 2006, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second violent felony offender, to a term of 8½ years, unanimously affirmed.


By failing to make a clear and unequivocal request to represent himself (see People v McIntyre, 36 NY2d 10, 17 [1974]), defendant did not express the "definitive commitment to selfrepresentation" that would trigger the need for a full inquiry by the court as to whether it should permit him to proceed pro se (see People v LaValle, 3 NY3d 88, 106 [2004]; compare People v Rodriguez, 46 AD3d 396, 397 [2007], lv denied 10 NY3d 844 [2008]). Defendant's expression of a desire to represent himself was linked to meritless requests for, among other things, an adjournment in order to prepare for such self-representation, which the court appropriately denied, whereupon defendant abandoned his request to proceed pro se (see People v Gillian, 8 NY3d 85, 88 [2006]; People v Payton, 45 NY2d 300, 314 [1978], revd on other grounds 445 US 573 [1980]; People v McClam, 297 AD2d 514, 514 [2002], lv denied 99 NY2d 537 [2002]). Defendant never stated or indicated that, even without an adjournment, he still wanted to represent himself.

Defendant's challenges to isolated portions of the court's main and supplementary jury instructions are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. When viewed in context, neither of the instructions at issue could have misled the jury as to the requisite burden of proof or the jury's function with regard to lesser included offenses (see People v Umali, 10 NY3d 417,...

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4 practice notes
  • In re Kathleen K.
    • United States
    • New York Supreme Court Appellate Division
    • March 30, 2010
    ...denying that application. We find that it did not. The father's request to represent himself was not unequivocal ( cf. People v. Johnson, 55 A.D.3d 328, 864 N.Y.S.2d 429; People v. Kennedy, 25 A.D.3d 567, 806 N.Y.S.2d 420; People v. Carter, 299 A.D.2d 418, 749 N.Y.S.2d 101; People v. Jones,......
  • People v. Romanowski, 2021-04321
    • United States
    • United States State Supreme Court (New York)
    • July 9, 2021
    ...him to proceed pro se" (People v Richards, 118 A.D.3d 599, 600 [1st Dept 2014], lv denied 24 N.Y.3d 1088 [2014]; see People v Johnson, 55 A.D.3d 328, 328 [1st Dept 2008], lv denied 11 N.Y.3d 926 [2009]). Defendant further contends that defense counsel was ineffective for failing to craft a ......
  • People v. Romanowski, 1147
    • United States
    • New York Supreme Court Appellate Division
    • July 9, 2021
    ...599, 600, 987 N.Y.S.2d 847 [1st Dept. 2014], lv denied 24 N.Y.3d 1088, 1 N.Y.S.3d 14, 25 N.E.3d 351 [2014] ; see People v. Johnson , 55 A.D.3d 328, 328, 864 N.Y.S.2d 429 [1st Dept. 2008], lv denied 11 N.Y.3d 926, 874 N.Y.S.2d 11, 902 N.E.2d 445 [2009] ).Defendant further contends that defen......
  • People v. Johnson
    • United States
    • New York Court of Appeals
    • January 28, 2009
    ...N.E.2d 445 11 N.Y.3d 926 PEOPLE v. JOHNSON (ROBERT). Court of Appeals of the State of New York. January 28, 2009. Appeal from 1st Dept.: 55 A.D.3d 328, 864 N.Y.S.2d 429 Application for leave to criminal appeal Denied. (Graffeo, J.). ...
4 cases
  • In re Kathleen K.
    • United States
    • New York Supreme Court Appellate Division
    • March 30, 2010
    ...denying that application. We find that it did not. The father's request to represent himself was not unequivocal ( cf. People v. Johnson, 55 A.D.3d 328, 864 N.Y.S.2d 429; People v. Kennedy, 25 A.D.3d 567, 806 N.Y.S.2d 420; People v. Carter, 299 A.D.2d 418, 749 N.Y.S.2d 101; People v. Jones,......
  • People v. Romanowski, 2021-04321
    • United States
    • United States State Supreme Court (New York)
    • July 9, 2021
    ...him to proceed pro se" (People v Richards, 118 A.D.3d 599, 600 [1st Dept 2014], lv denied 24 N.Y.3d 1088 [2014]; see People v Johnson, 55 A.D.3d 328, 328 [1st Dept 2008], lv denied 11 N.Y.3d 926 [2009]). Defendant further contends that defense counsel was ineffective for failing to craft a ......
  • People v. Romanowski, 1147
    • United States
    • New York Supreme Court Appellate Division
    • July 9, 2021
    ...599, 600, 987 N.Y.S.2d 847 [1st Dept. 2014], lv denied 24 N.Y.3d 1088, 1 N.Y.S.3d 14, 25 N.E.3d 351 [2014] ; see People v. Johnson , 55 A.D.3d 328, 328, 864 N.Y.S.2d 429 [1st Dept. 2008], lv denied 11 N.Y.3d 926, 874 N.Y.S.2d 11, 902 N.E.2d 445 [2009] ).Defendant further contends that defen......
  • People v. Johnson
    • United States
    • New York Court of Appeals
    • January 28, 2009
    ...N.E.2d 445 11 N.Y.3d 926 PEOPLE v. JOHNSON (ROBERT). Court of Appeals of the State of New York. January 28, 2009. Appeal from 1st Dept.: 55 A.D.3d 328, 864 N.Y.S.2d 429 Application for leave to criminal appeal Denied. (Graffeo, J.). ...

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