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PEOPLE v. PERRY

Ind. Nos. 2713/15, 2830/15. Appeal No. 14490-14490A. Case No. 2019-1153.

198 A.D.3d 576 (2021)

156 N.Y.S.3d 23

2021 NY Slip Op 05826

The People of the State of New York, Respondent, v. Dwight Perry, Appellant.

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

Decided October 26, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Mark W. Zeno of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Ellen Stanfield Friedman of counsel), for respondent.

Concur—Gische, J.P., Webber, Mazzarelli, Shulman, Pitt, JJ.

The court's colloquy with defendant regarding his request to proceed pro se was insufficient to establish a valid waiver of the right to counsel. The record "does not sufficiently demonstrate that defendant was aware of his actual sentencing exposure" (People v Jackson, 194 A.D.3d 622, 622 [1st Dept 2021]), including the potential for his sentences in two pending cases, arising from unrelated incidents, to run consecutively. The...

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