From Casetext: Smarter Legal Research

People v. Benson

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 2011
85 A.D.3d 1194 (N.Y. App. Div. 2011)

Opinion

No. 2009-08848.

June 28, 2011.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.), rendered August 24, 2009, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Karl E. Bonheim, Riverhead, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.

Before: Mastro, J.P., Belen, Sgroi and Miller, JJ.


Ordered that the judgment is affirmed.

The County Court properly determined that the defendant was competent to stand trial ( see CPL 730.10; People v Marino, 13 AD3d 556, 556). The burden of proof is on the prosecution to establish a defendant's competence, and the burden requires that fitness to stand trial be established by a preponderance of the evidence ( see People v Mendez, 1 NY3d 15, 19; People v Troy, 28 AD3d 689, 689). We are satisfied that the prosecution met its burden here, and we perceive no basis upon which to disturb the County Court's determination ( see People v Paulin, 82 AD3d 910, 910).

Contrary to the defendant's contention, his plea of guilty was knowingly, voluntarily, and intelligently made ( see People v Fiumefreddo, 82 NY2d 536, 543), and the defendant's assertions to the contrary are belied by his lucid and appropriate responses during the plea allocation ( see People v Wager, 34 AD3d 505, 505-506; People v Burgess, 81 AD3d 969, 970). Accordingly, the County Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty ( see CPL 220.60; People v Marino, 13 AD3d at 556).

The defendant's remaining contention is without merit.


Summaries of

People v. Benson

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 2011
85 A.D.3d 1194 (N.Y. App. Div. 2011)
Case details for

People v. Benson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY BENSON…

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

Date published: Jun 28, 2011

Citations

85 A.D.3d 1194 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 5724
926 N.Y.S.2d 301

Citing Cases

People v. Benson

September 23, 2011. Appeal from the 2d Dept: 85 AD3d 1194 (Suffolk). Pigott,…

People v. Benson

PigottDecision Reported Below: 2d Dept: 85 AD3d 1194 (Suffolk) Judge: ,…