PEOPLE v. BENITEZ


281 A.D.2d 427 (2001)

721 N.Y.S.2d 390

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY BENITEZ, Also Known as CARLOS VELEZ, Appellant.

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

Decided March 5, 2001.


Ordered that the judgment is affirmed.

The defendant contends that his conviction must be reversed because he did not knowingly and intelligently waive his right to counsel due to a failure on the part of the trial court to duly warn him of the dangers of self-representation. We disagree.

"A defendant in a criminal case may invoke the right to defend pro se provided that: (1) the request is unequivocal and timely asserted, (2) there has been a knowing...

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