Opinion
March 23, 2000
Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered June 4, 1997, convicting defendant, after a jury trial, of burglary in the third degree, attempted burglary in the third degree and possession of burglar's tools, and sentencing him, as a second felony offender, to concurrent terms of 3+ to 7 years, 2 to 4 years and 1 year, respectively, unanimously affirmed.
Kristin A. Kirk, for respondent.
Jan Hoth-Uzzo Pro Se, for defendant-appellant.
NARDELLI, J.P., ELLERIN, LERNER, RUBIN, JJ.
The court properly exercised its discretion in denying defendant's request for an investigator (see, County Law § 722-c), since defendant's claim of necessity was speculative (see, People v. Barber, 154 A.D.2d 882, lv denied 75 N.Y.2d 810).
We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.