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PEOPLE v. TANNER

1569. 1570.

67 A.D.3d 609 (2009)

888 N.Y.S.2d 410

2009 NY Slip Op 08696

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY TANNER, Appellant.

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

Decided November 24, 2009.

The court properly granted defendant's application to represent himself. The record, taken as a whole (see People v Providence, 2 N.Y.3d 579, 583 [2004]), establishes that defendant made a knowing and intelligent waiver of his right to counsel. The record does not support defendant's assertions that his request to proceed pro se may have been equivocal or the product of mental infirmity...

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