Opinion
1138
May 21, 2002.
Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered August 30, 2000, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Seth Davis, for respondent.
Cynthia Feathers, for defendant-appellant.
Before: Mazzarelli, J.P., Sullivan, Ellerin, Wallach, Gonzalez, JJ.
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 by a codefendant. Furthermore, defendant's requests to represent himself were equivocal. As the record makes clear, defendant was seeking hybrid representation to which he was not entitled (see, People v. Mirenda, 57 N.Y.2d 261, 265-266; People v. Garcia, 69 N.Y.2d 903).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.