People v. Morgan
| Decision Date | 30 April 2010 |
| Citation | 2010 N.Y. Slip Op. 03528,72 A.D.3d 1482,901 N.Y.S.2d 773 |
| Parties | The PEOPLE of the State of New York, Respondent,v.Michael S. MORGAN, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Timothy P. Donaher, Public Defender, Rochester (Matthew J. Clark of Counsel), for Defendant–Appellant.Michael S. Morgan, Defendant–Appellant Pro Se.Michael C. Green, District Attorney, Rochester (Nancy A. Gilligan of Counsel), for Respondent.PRESENT: SMITH, J.P., CARNI, PINE, AND GORSKI, JJ.MEMORANDUM:
Defendant appeals from a judgment convicting him upon a jury verdict of course of sexual conduct against a child in the first degree (Penal Law § 130.75[1][a] ) and two counts of endangering the welfare of a child (§ 260.10[1] ). We reject the contention of defendant that County Court erred in denying his request to represent himself. “The request to represent oneself must be invoked clearly and unequivocally” ( People v. LaValle, 3 N.Y.3d 88, 106, 783 N.Y.S.2d 485, 817 N.E.2d 341; see People v. McIntyre, 36 N.Y.2d 10, 17, 364 N.Y.S.2d 837, 324 N.E.2d 322). Here, however, the sole request by defendant to represent himself was equivocal because he made that request [Indeed,] defendant's ... request[ ] to proceed pro se [was] made in the alternative[inasmuch as] he sought to represent himself only because ourt refused to replace ... assigned counsel[,] who had displeased him” ( People v. Gillian, 8 N.Y.3d 85, 88, 828 N.Y.S.2d 277, 861 N.E.2d 92). Consequently, viewing defendant's request in its immediate context and in light of the record before us, we cannot conclude that defendant made an unequivocal request to proceed pro se ( see id.; LaValle, 3 N.Y.3d at 106, 783 N.Y.S.2d 485, 817 N.E.2d 341).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
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