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People v. Bennett

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 4, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
RAYMOND BENNETT, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered November 18, 2008, convicting defendant, after a jury trial, of attempted robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Renwick, DeGrasse, Abdus-Salaam, JJ.

2474/08

The record, taken as a whole (see People v Providence, 2 NY3d 579, 583 [2004]), demonstrates that defendant made a knowing and intelligent waiver of his right to counsel, and that the court's warnings of the risks of self-representation were sufficient in light of all the surrounding circumstances, including defendant's criminal history.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100504

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