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The People of the State of New York v. Nathaniel Sealy

New York Supreme Court Appellate Division, First Department


January 29, 2013

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
NATHANIEL SEALY, DEFENDANT-APPELLANT.

People v Sealy

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.

Decided on January 29, 2013

Andrias, J.P., Sweeny, DeGrasse, Freedman, Richter, JJ.

Dkt. 56161C/07

Judgment, Supreme Court, Bronx County (Nicholas J. Iacovetta, J. at waiver of counsel; David Stadtmauer, J. at non-jury trial and sentencing), rendered September 16, 2008, convicting defendant of harassment in the second degree, and sentencing him to an unconditional discharge, unanimously affirmed.

Defendant made a valid waiver of his right to counsel. In a thorough inquiry, the court explored defendant's background and fully warned him of the risks and disadvantages of proceeding pro se (see People v Crampe, 17 NY3d 469, 481-482 [2011]; People v Vivenzio, 62 NY2d 775, 776 [1984]). The focus in a self-representation inquiry is not on how much the defendant knows about criminal law and procedure, because ignorance does not preclude self-representation (see People v Ryan, 82 NY2d 497, 507 [1993]). Instead, the principal focus is on warning a defendant that his or her lack of knowledge, relative to that of a lawyer, will be detrimental if the defendant chooses to waive the right to counsel. Here, the colloquy amply satisfied that requirement. In any event, while proceeding pro se, defendant obtained an acquittal of the misdemeanor charge, as well as an unconditional discharge on his harassment conviction.

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

ENTERED: JANUARY 29, 2013

CLERK

20130129

© 1992-2013 VersusLaw Inc.



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