People v. Robinson
| Decision Date | 03 November 1997 |
| Citation | 663 N.Y.S.2d 651,244 A.D.2d 364 |
| Parties | , 1997 N.Y. Slip Op. 9252 The PEOPLE, etc., Respondent, v. Michael ROBINSON, a/k/a Jimmy Jacobs, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Andrew S. Worgan, Jamaica, for appellant.
Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Linda Cantoni, and Gregory Tuss, of counsel), for respondent.
Before RITTER, J.P., and COPERTINO, FLORIO and LUCIANO, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered September 5, 1995, convicting him of robbery in the first degree, criminal possession of stolen property in the fourth degree, and unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The Supreme Court did not err in relieving counsel and allowing the defendant to represent himself at trial (see, People v. Gundy, 234 A.D.2d 476, 651 N.Y.S.2d 576; People v. Hambric, 225 A.D.2d 633, 639 N.Y.S.2d 440; People v. Howell, 207 A.D.2d 412, 413, 615 N.Y.S.2d 728; People v. Gloster, 175 A.D.2d 258, 260, 572 N.Y.S.2d 370). Although effective waiver of the right to counsel must be the product of free, meaningful choice, a criminal defendant may be asked to choose between waiver and another course of action as long as the choice presented is not constitutionally offensive (see, Maynard v. Meachum, 545 F.2d 273, 278; People v. Sawyer, 57 N.Y.2d 12, 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). Here, the defendant's refusal without good cause to proceed with able, appointed counsel was a voluntary waiver of his right to counsel (see, Maynard v. Meachum, supra; Pizarro v. Harris, 507 F.Supp. 642, 646).
The defendant's remaining contentions are without merit.
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...668 N.Y.S.2d 577 91 N.Y.2d 879, 691 N.E.2d 649 People v. Michael Robinson Court of Appeals of New York Dec 11, 1997 Smith, J. --- A.D.2d ----, 663 N.Y.S.2d 651 App.Div. 2, Queens Denied. ...
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