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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH HARDING, Appellant.

Defendant's written application, upon which he did not seek to elaborate, did not contain an unequivocal request to proceed pro se (see, People v. Rodriguez, 98 A.D.2d 961, 962, lv denied 61 N.Y.2d 911, cert denied 469 U.S. 818). In any event, the court's ruling on defendant's pro se status was limited to pretrial proceedings, and defendant abandoned any request he might have made, when eight months passed before hearings or trial, new counsel was appointed and defendant never renewed his "request" to proceed pro se (see, People v. Douglas, 227 A.D.2d 130, lv denied 88 N.Y.2d 965).

Concur — Murphy, P.J., Sullivan, Tom, Mazzarelli and Colabella, JJ.

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PEOPLE v. HARDING
(Dec 30, 1997)