PEOPLE v. BOATWRIGHT (2002)

Judgment, Supreme Court, New York County (George Daniels, J.), rendered September 10, 1999, convicting defendant, after a jury trial, of attempted murder in the second degree, assault in the first degree (two counts) and criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 25 years to life (three terms) and 3 1/212 to 7 years, unanimously affirmed.

Defendant expressly waived his right to present a psychiatric defense where, in the presence of defendant, defense counsel unequivocally stated on the record that defendant did not intend to present a psychiatric defense in this case and that counsel had concluded, after reviewing all the psychiatric reports in this case, that to pursue such a defense would be unwise (cf., People v. Petrovich, 87 N.Y.2d 961, 641 N.Y.S.2d 592, 664 N.E.2d 503).   In light of this waiver, defendant's claim that he was deprived of his right to present a psychiatric defense is academic.   In any event, we would find that claim to be unavailing.

We perceive no basis for a reduction of sentence.