PEOPLE v. GOSSO (2007)

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered June 8, 2005, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

 The court properly granted defendant's request to proceed pro se for part of the cross-examination of the main undercover officer.   The court conducted a proper inquiry in which it fully explained to defendant the dangers of self-representation and the importance of using a trained lawyer, and the record establishes that defendant, who had an extensive criminal record and claimed to have a college degree, had the experience and intelligence to understand the court's warnings and knowingly waive his right to counsel (see People v. Providence, 2 N.Y.3d 579, 581, 780 N.Y.S.2d 552, 813 N.E.2d 632 [2004] ).   Furthermore, defendant represented himself for only a portion of the trial (see People v. Cabassa, 79 N.Y.2d 722, 730-731, 586 N.Y.S.2d 234, 598 N.E.2d 1 [1992], cert. denied sub nom.  Lind v. New York, 506 U.S. 1011, 113 S.Ct. 633, 121 L.Ed.2d 563 [1992];  People v. Johnson, 251 A.D.2d 183, 676 N.Y.S.2d 145 [1998], lv. denied 92 N.Y.2d 950, 681 N.Y.S.2d 480, 704 N.E.2d 233 [1998];  People v. Timmons, 199 A.D.2d 8, 604 N.Y.S.2d 99 [1993], lv. denied 83 N.Y.2d 811, 611 N.Y.S.2d 147, 633 N.E.2d 502 [1994] ).

 The court properly exercised its discretion in imposing reasonable limits on the scope of cross-examination (see People v. Melcherts, 225 A.D.2d 357, 639 N.Y.S.2d 19 [1996], lv. denied 88 N.Y.2d 881, 645 N.Y.S.2d 456, 668 N.E.2d 427 [1996] ).   Defendant received ample opportunity to explore whether the police injured him in making the arrest and to thus raise a bias issue, as well as to take advantage of the fact that the police recovered buy money from a codefendant but not from defendant.   There was no violation of defendant's right to confront witnesses and present a defense (see Crane v. Kentucky, 476 U.S. 683, 689-690, 106 S.Ct. 2142, 90 L.Ed.2d 636 [1986];  Delaware v. Van Arsdall, 475 U.S. 673, 678-679, 106 S.Ct. 1431, 89 L.Ed.2d 674 [1986] ).