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PEOPLE v. LATTIMORE

63 A.D.3d 521 (2009)

881 N.Y.S.2d 82

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK LATTIMORE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 16, 2009.

Defendant was properly represented by counsel throughout the trial, and the record, which defendant has not sought to expand by way of a CPL 440.10 motion, does not support his claim that he took over counsel's normal decision-making role (see People v Ferguson, 67 N.Y.2d 383, 390 [1986]) to such a degree that he was effectively proceeding pro se without the necessary colloquy about the risks of self-representation. To the extent...

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