Opinion
May 26, 1992
Appeal from the County Court of Ulster County (Vogt, J.).
We reject defendant's contention that County Court erred in accepting his plea of guilty without first ordering a competency hearing. Under CPL 730.30 (1), a psychological examination is required when the court is "of the opinion that the defendant may be an incapacitated person". Here, the record fails to reveal the existence of any reasonable grounds to believe that defendant was incapable of understanding the charges against him or of making his defense (see, People v. Armlin, 37 N.Y.2d 167; People v Jones, 134 A.D.2d 701, lv denied 71 N.Y.2d 969). His statements at the plea allocution and at sentencing fail to indicate any sign that he was incapacitated. In addition, failure to admit sufficient facts to establish each and every element of the charged crime does not, as a matter of law, preclude a valid plea of guilty (see, People v. Smith, 146 A.D.2d 828, lv denied 74 N.Y.2d 669). County Court conducted a thorough inquiry as to whether defendant wished to plead guilty notwithstanding his alleged lack of memory due either to his being intoxicated or under the influence of drugs (see, supra). His indication that he was pleading guilty to limit the possible penalty to which he would be exposed upon trial, even given his inability to admit participation in the crime, does not invalidate the plea (see, People v. Krawitz, 151 A.D.2d 850, lv denied 74 N.Y.2d 742).
Weiss, P.J., Mikoll, Levine, Mercure and Casey, JJ., concur. Ordered that the judgment is affirmed.