People v. Cruz

In People v Cruz (181 AD2d 906), this Court vacated the defendant’s sentence and remitted the matter to the Supreme Court, Kings County, based on the court’s failure to conduct a hearing pursuant to CPL 400.15 (5). Upon remittitur, the defendant elected to appear pro se at both the hearing and his subsequent resentencing. The defendant now claims that the *611Supreme Court erred in permitting him to proceed pro se. We reject the defendant’s contention. A defendant in a criminal case may invoke the right to defend pro se provided: (1) the request is unequivocal and timely asserted, (2) there has…