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PEOPLE v. DIAZ

294 A.D.2d 225 (2002)

741 N.Y.S.2d 858

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY DIAZ, Appellant.

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

Decided May 21, 2002.

The trial court properly denied defendant's requests to proceed pro se at trial. Defendant engaged in seriously disruptive behavior (see, People v McIntyre, 36 N.Y.2d 10, 17), which was documented by the court on the record. In addition to interruptions made in its presence, the trial court had learned that defendant's behavior at a hearing before another justice had been so disruptive that it provided support for a severance motion...

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