PEOPLE v. REID (2021)

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered March 28, 2018, convicting defendant, after a jury trial, of robbery in the first and second degrees, kidnapping in the second degree and criminal impersonation in the first degree, and sentencing him, as a second violent felony offender, to an aggregate term of 15 years, unanimously affirmed.

After conducting an appropriate colloquy (see People v. Arroyo, 98 N.Y.2d 101, 103, 745 N.Y.S.2d 796, 772 N.E.2d 1154 [2002]), the court properly permitted defendant to represent himself for a portion of the trial, with defense counsel present.  The record establishes that defendant was sufficiently apprised of all matters relevant to a waiver of counsel, such as the important role of an attorney and the disadvantages of self-representation.  The record does not suggest that defendant had a mental condition that would affect his ability to waive counsel and proceed pro se (see People v. Stone, 22 N.Y.3d 520, 527–529, 983 N.Y.S.2d 454, 6 N.E.3d 572 [2014]).

Defendant's arguments regarding the sufficiency and weight of the evidence supporting his second-degree robbery conviction are unavailing (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007]).  The evidence established the physical injury element of that crime (see generally People v. Chiddick, 8 N.Y.3d 445, 447, 834 N.Y.S.2d 710, 866 N.E.2d 1039 [2007]).  There is no basis for disturbing the jury's credibility determinations regarding the victim's account of her painful injury (see People v. Guidice, 83 N.Y.2d 630, 636, 612 N.Y.S.2d 350, 634 N.E.2d 951 [1994]).

Defendant's argument that the kidnapping charge merged with the robbery and impersonation counts is unpreserved (see People v. Grega, 72 N.Y.2d 489, 497 n.2, 534 N.Y.S.2d 647, 531 N.E.2d 279 [1988]), and we decline to review it in the interest of justice.  As an alternate holding, we find that the conduct underlying the kidnapping was not incidental to and inseparable from the other crimes (see People v. Gonzalez, 80 N.Y.2d 146, 150, 589 N.Y.S.2d 833, 603 N.E.2d 938 [1992]).

We perceive no basis for reducing the sentence.  We have considered and rejected defendant's remaining claims, including those in his pro se brief.