People v. Romanowski, 1147

CourtNew York Supreme Court Appellate Division
Citation196 A.D.3d 1080,147 N.Y.S.3d 493 (Mem)
Decision Date09 July 2021
Parties The PEOPLE of the State of New York, Respondent, v. Michael ROMANOWSKI, Defendant-Appellant.
Docket Number1147,KA 18-00338

196 A.D.3d 1080
147 N.Y.S.3d 493 (Mem)

The PEOPLE of the State of New York, Respondent,
v.
Michael ROMANOWSKI, Defendant-Appellant.

1147
KA 18-00338

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: July 9, 2021


PETER J. DIGIORGIO, JR., UTICA, FOR DEFENDANT-APPELLANT.

JEFFREY S. CARPENTER, DISTRICT ATTORNEY, HERKIMER (ROBERT R. CALLI, JR., OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., CARNI, NEMOYER, CURRAN, AND DEJOSEPH, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of grand larceny in the fourth degree ( Penal Law § 155.30 [1] ). Preliminarily, we agree with defendant that he did not validly waive his right to appeal (see People v. Thomas , 34 N.Y.3d 545, 564-566, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied ––– U.S. ––––, 140 S. Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Powell , 140 A.D.3d 401, 401, 30 N.Y.S.3d 873 [1st Dept. 2016], lv denied 28 N.Y.3d 1074, 47 N.Y.S.3d 233, 69 N.E.3d 1029 [2016] ).

Defendant contends that County Court improperly denied his purported request to represent himself. Even assuming, arguendo, that defendant's contention survives his guilty plea (see People v. Best , 186 A.D.3d 845, 846, 130 N.Y.S.3d 461 [2d Dept. 2020], appeal dismissed 36 N.Y.3d 926, 135 N.Y.S.3d 662, 160 N.E.3d 320 [2020] ), we reject it on the merits because he did not " ‘clearly and unconditionally’ " seek to proceed pro se ( People v. LaValle , 3 N.Y.3d 88, 106, 783 N.Y.S.2d 485, 817 N.E.2d 341 [2004] ; see People v. Ramos , 35 A.D.3d 247, 247, 825 N.Y.S.2d 222 [1st Dept. 2006], lv denied 8 N.Y.3d 926, 834 N.Y.S.2d 516, 866 N.E.2d 462 [2007] ). Rather, defendant merely noted the existence of his right to represent himself. Noting the existence of a right is not equivalent to invoking that right, and given that defendant never actually invoked his right to represent himself, the court had no obligation to conduct "a full inquiry ... as to whether it should permit him to proceed pro se" ( People v. Richards , 118 A.D.3d 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 defense counsel was ineffective for failing to craft a successful motion to dismiss the indictment under CPL 190.50 (5). To the extent it survives the guilty plea, we reject defendant's contention because he "failed to establish that a successful motion [on that basis] could have been made...

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1 practice notes
  • People v. Romanowski, 2021-98371
    • United States
    • New York Court of Appeals
    • 29 d3 Setembro d3 2021
    ...Opinion MOTION DECISION Cannataro, J. Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 4th Dept: 196 A.D.3d 1080 (Herkimer) ...
1 cases
  • People v. Romanowski, 2021-98371
    • United States
    • New York Court of Appeals
    • 29 d3 Setembro d3 2021
    ...Opinion MOTION DECISION Cannataro, J. Disposition: Applications for Criminal Leave to appeal denied Decision Reported Below: 4th Dept: 196 A.D.3d 1080 (Herkimer) ...

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