Appeal from a judgment of the Justice Court of the Town of Riverhead, Suffolk County (Allen M. Smith, J.), rendered October 29, 2008. The judgment, upon a jury verdict, convicted defendant of criminal possession of a controlled substance in the seventh degree.

ORDERED that the judgment of conviction is affirmed.

After a jury trial, defendant was convicted of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03).

A review of the record on appeal indicates that the Justice Court adequately warned defendant of the importance of legal representation and the risks associated with proceeding pro se. Further, it is apparent, from defendant's prior arrest and
conviction record, that he is not unfamiliar with the operation of the criminal justice system. In view of the foregoing, defendant's waiver of counsel was knowingly, intelligently and voluntarily made (see People v Berger, 2 Misc 3d 46 [App Term, 2d & 11th Jud Dists 2003]). We reject defendant's contention that his access to the standby counsel whom the trial court assigned to assist him was so limited as to be an infringement on his rights to counsel or due process (see People v Pettus, 22 AD3d 869 [2005]).

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., Tanenbaum and Molia, JJ., concur.
Decision Date: March 09, 2010