Opinion
October 6, 1997
Appeal from County Court, Orange County (Byrne, J.).
Ordered that the judgment and amended judgment are affirmed.
Although the defendant had been hospitalized on numerous occasions for treatment of mental illness and was being treated with medication therefor, the Supreme Court did not improvidently exercise its discretion in failing to sua sponte order a competency hearing prior to accepting his admission to a violation of probation ( see, People v. Morgan, 87 N.Y.2d 878). Prior to pleading guilty to the underlying crime for which he was sentenced to probation, the court had ordered a psychiatric examination, which resulted in a finding that the defendant was not incompetent. Moreover, nothing in the record of the violation of probation proceedings indicates that the defendant was an incapacitated person ( see, CPL 730.10; People v. Rowley, 222 A.D.2d 718; People v. Hollis, 204 A.D.2d 569; People v. Polimeda, 198 A.D.2d 242; People v. Parker, 191 A.D.2d 717).
Rosenblatt, J.P., O'Brien, Thompson, Friedmann and Goldstein, JJ., concur.