PEOPLE v. PERRY

ORDERED that the judgment is affirmed.

The defendant's waiver of his right to counsel was unequivocal, voluntary, and intelligent (see, People v. Smith, 92 N.Y.2d 516, 520; People v. Slaughter, 78 N.Y.2d 485, 491; People v. Sawyer, 57 N.Y.2d 12, 21, cert denied 459 U.S. 1178). The trial court undertook a sufficiently searching inquiry of the defendant to be reasonably certain that the dangers and disadvantages of giving up the fundamental right to counsel were impressed upon him (see, People v. Smith, supra, at 520; People v. Slaughter, supra, at 491; People v. Sawyer, supra, at 21). Further, the trial court apprised the defendant of the risks and dangers of self-representation, and thus properly granted his request to proceed pro se (see, People v. Vivenzio, 62 N.Y.2d 775; People v. El, 250 A.D.2d 395).

The defendant's challenge to the validity of his waiver of the right to a jury trial is unpreserved for appellate review (see, People v. Magnano, 77 N.Y.2d 941, affg 158 A.D.2d 979, cert denied 502 U.S. 864; People v. Garcia, 269 A.D.2d 464; People v. Wheeler, 258 A.D.2d 542; People v. Ospina, 192 A.D.2d 680). In any event, the written waiver form executed by the defendant and his statements on the record demonstrate that the jury waiver was valid (see, People v. Wheeler, supra; People v. Ospina, supra).

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions are without merit.