People v. Garcia

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Supreme Court granted defendant’s motion to defend himself pro se, but appointed standby counsel (to assist him if necessary. At the suppression hearing, defendant’s standby counsel informed the court that defendant washed to take the stand. Defendant then asked, "Within the Court’s discretion, could I not be questioned by the defense —?” At this juncture, the court afforded defendant the choice of continuing his pro se defense or of having the standby counsel represent him for the balance of the case. The…