Opinion
2015–05672 Ind.No. 9598/13
01-22-2020
The PEOPLE, etc., Respondent, v. Olivair JERRICK, also known as Oliver Jerrick, Appellant.
Paul Skip Laisure, New York, N.Y. (Martin Sawyer of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Martin Sawyer of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel), for respondent.
WILLIAM F. MASTRO, J.P. COLLEEN D. DUFFY BETSY BARROS VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that his waiver of the right to a jury trial was invalid is unpreserved for appellate review (see CPL 470.05[2] ; People v. Maldonado , 167 A.D.3d 1047, 1048, 88 N.Y.S.3d 353 ; People v. Tucker , 151 A.D.3d 1085, 1087, 58 N.Y.S.3d 461 ; People v. Williams , 149 A.D.3d 986, 986, 50 N.Y.S.3d 305 ). In any event, the record does not support the defendant's contention that his waiver of the right to a jury trial was not knowing, voluntary, and intelligent (see People v. Maldonado , 167 A.D.3d at 1048, 88 N.Y.S.3d 353 ; People v. Williams , 149 A.D.3d at 986, 50 N.Y.S.3d 305 ; People v. Pazmini , 132 A.D.3d 1015, 1015, 18 N.Y.S.3d 359 ; People v. Fani , 59 A.D.3d 460, 460, 872 N.Y.S.2d 535 ).
It was not an improvident exercise of the Supreme Court's discretion to deny the defendant's request to proceed pro se. The defendant's request was untimely and he failed to set forth a compelling reason for the request (see People v. Crespo , 32 N.Y.3d 176, 88 N.Y.S.3d 120, 112 N.E.3d 1243 ; People v. McIntyre , 36 N.Y.2d 10, 17, 364 N.Y.S.2d 837, 324 N.E.2d 322 ; People v. Race , 78 A.D.3d 1217, 1218–1219, 910 N.Y.S.2d 271 ; People v. Venticinque , 301 A.D.2d 619, 753 N.Y.S.2d 847 ).
MASTRO, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.