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People v. Nelson

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 18, 2022
210 A.D.3d 1520 (N.Y. App. Div. 2022)

Opinion

876 KA 17-00459

11-18-2022

The PEOPLE of the State of New York, Respondent, v. Kahlil J. NELSON, Defendant-Appellant.

JEFFREY WICKS, PLLC, ROCHESTER (JEFFREY WICKS OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (HELEN A. SYME OF COUNSEL), FOR RESPONDENT.


JEFFREY WICKS, PLLC, ROCHESTER (JEFFREY WICKS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (HELEN A. SYME OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, WINSLOW, AND BANNISTER, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of murder in the second degree ( Penal Law § 125.25 [3] ), defendant contends that Supreme Court erred in failing sua sponte to order a competency examination pursuant to CPL 730.30 (1). "It is well settled that the decision to order a competency examination under CPL 730.30 (1) lies within the sound discretion of the trial court" ( People v. Williams , 35 A.D.3d 1273, 1274, 825 N.Y.S.2d 862 [4th Dept. 2006], lv denied 8 N.Y.3d 928, 834 N.Y.S.2d 519, 866 N.E.2d 465 [2007] ; see People v. Morgan , 87 N.Y.2d 878, 879-880, 638 N.Y.S.2d 942, 662 N.E.2d 260 [1995] ). "A defendant is presumed competent ..., and the court is under no obligation to issue an order of examination ... unless it has ‘reasonable ground ... to believe that the defendant was an incapacitated person’ " ( Morgan , 87 N.Y.2d at 880, 638 N.Y.S.2d 942, 662 N.E.2d 260 ). Based on the record before us, we conclude that the court did not abuse its discretion in failing sua sponte to order a competency examination (see id. at 879-880, 638 N.Y.S.2d 942, 662 N.E.2d 260 ).

Defendant's further contention that his plea was not entered knowingly and voluntarily is not preserved for our review because he did not move to withdraw his plea or to vacate the judgment of conviction on that ground, and this case does not fall within the rare exception to the preservation requirement (see People v. Lopez , 71 N.Y.2d 662, 665-666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ).


Summaries of

People v. Nelson

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 18, 2022
210 A.D.3d 1520 (N.Y. App. Div. 2022)
Case details for

People v. Nelson

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Kahlil J. NELSON…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Nov 18, 2022

Citations

210 A.D.3d 1520 (N.Y. App. Div. 2022)
210 A.D.3d 1520

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