| People v Malawich |
| 2021 NY Slip Op 05789 [198 AD3d 545] |
| October 21, 2021 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v David Malawich, Appellant. |
Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jillian Lewis of counsel), for respondent.
Judgment, Supreme Court, New York County (Mark R. Dwyer, J.), rendered January
17, 2020, convicting defendant, after a jury trial, of criminal possession of a controlled
substance in the fourth and seventh degrees, and sentencing him, as a second felony drug
offender previously convicted of a violent felony, to an aggregate term of 4 years,
unanimously modified, as a matter of discretion in the interest of justice, to the extent of
reducing the prison component of the sentence to 3
We find that defendant's request for self-representation was not unequivocal, as required (see People v Silburn, 31 NY3d 144, 150 [2018]). We find the sentence excessive to the extent indicated. Concur—Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.