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People v. Roldan

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1996
223 A.D.2d 738 (N.Y. App. Div. 1996)

Opinion

January 29, 1996

Appeal from the County Court, Orange County (Byrne, J.).


Ordered that the judgment is affirmed.

Since the defendant's contention that the court should have ordered a psychiatric and physical examination pursuant to CPL 390.30 was never raised during the plea proceedings or at sentencing when it might have been remedied, but rather is raised for the first time on appeal, it is not preserved for appellate review ( see, CPL 470.05; People v Carbone, 159 A.D.2d 511; People v Smith, 171 A.D.2d 1060). Moreover, under the circumstances of this case, the court did not err when it failed, sua sponte, to order an examination pursuant to CPL 390.30. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

People v. Roldan

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1996
223 A.D.2d 738 (N.Y. App. Div. 1996)
Case details for

People v. Roldan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORLANDO ROLDAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 29, 1996

Citations

223 A.D.2d 738 (N.Y. App. Div. 1996)
637 N.Y.S.2d 936