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PEOPLE v. POWE

234 A.D.2d 397 (1996)

651 N.Y.S.2d 878

The People of the State of New York, Respondent, v. Kent Powe, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 9, 1996

Ordered that the judgment is affirmed.

A criminal defendant may invoke the right to defend pro se if "`(1) the request is unequivocal and timely asserted, (2) there has been a knowing and intelligent waiver of the right to counsel, and (3) the defendant has not engaged in conduct which would prevent the fair and orderly exposition of the issues'" (People v Smith, 68 N.Y.2d 737, 738, quoting People v McIntyre

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