People v. Harvey

254 A.D.2d 107, 679 N.Y.S.2d 286, 1998 N.Y. App. Div. LEXIS 10841

Opinion

Judgment, Supreme Court, New York County (Allen Alpert, J.), rendered May 4, 1994, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him to a term of 21/s to 7 years, unanimously affirmed.

The sentencing minutes, read as a whole, establish that the court provided defendant a reasonable opportunity to be heard on his baseless requests for new counsel (see, People v Sides, 75 NY2d 822) and to withdraw his plea (see, People v Frederick, 45 NY2d 520). Defendant’s request to proceed pro se at the sentencing proceeding was unequivocal and his waiver of the right to counsel was knowing and voluntary (see, People v McIntyre, 36 NY2d 10). We have reviewed and rejected defendant’s remaining contentions. Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.