1 No. 64
   The People &c.,
   Respondent,
   v.
   Michael Arroyo,
   Appellant.
     _________________________________________________________________

   2002 NY Int. 70

   June 11, 2002

   This opinion is uncorrected and subject to revision before publication
   in the New York Reports.

   Donna Marie Werner, for appellant.
   Kristin A. Kirk, for respondent.
     _________________________________________________________________

   WESLEY
   , J.:

   This appeal requires us to address a classic constitutional dilemma --
   the inherent conflict between a defendant's right to counsel and the
   right of self- representation.

   After a jury trial, defendant Michael Arroyo was convicted of robbery
   in the second degree and grand larceny in the fourth degree. During
   trial, Arroyo informed Supreme Court of his desire to proceed pro se,
   expressing dissatisfaction with his attorney's efforts on his behalf.
   After inquiring whether defendant "really want(ed)" to represent
   himself, the court noted:

     "you have a right to do it because I don't think there's anything
     wrong with you. A person has a right to represent himself, but it
     is usually not a good idea. * * * * I don't have to ask you any
     questions to know that you are sensible to some extent and have a
     right to represent yourself. I have to make sure that you're of
     sound mind and the rest of it and I'm convinced of that. But I
     would like to talk you out of it because (defense counsel is) going
     to make a better summation."

   Undaunted by these cursory warnings and committed to his own defense,
   Arroyo proceeded pro se. However, at the court's request, defense
   counsel did stand by in the event he was needed. The Appellate
   Division affirmed the conviction (279 2 386) and a Judge of this Court