Opinion
September 24, 1998
Appeal from the Supreme Court, New York County (Edwin Torres, J.).
Defendant was not denied his right to represent himself. By merely seeking to participate in the defense to the extent of questioning the complainant on cross-examination, defendant never made a timely and unequivocal request to proceed pro se ( see, People v. Cabassa, 79 N.Y.2d 722, 730-731, cert denied sub nom. Lind v. New York, 506 U.S. 1011; People v. Garcia, 69 N.Y.2d 903; People v. Timmons, 199 A.D.2d 8, lv denied 83 N.Y.2d 811). Moreover, the record indicates that after being cautioned by the court and counsel, defendant abandoned his request to personally cross-examine the complainant.
We perceive no abuse of sentencing discretion.
Concur — Sullivan, J. P., Nardelli, Mazzarelli, Andrias and Saxe, JJ.