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People v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 356 (N.Y. App. Div. 1998)

Opinion

December 7, 1998

Appeal from the Supreme Court, Queens County (Orgera, J.).


Ordered that the judgments are affirmed.

The defendant's contentions that his pleas of guilty were not voluntary because of his prior drug use and that the Supreme Court should have sua sponte ordered an examination pursuant to CPL article 730 to determine whether he was competent to enter pleas of guilty are without merit. There is no evidence in the record to suggest that the defendant lacked the capacity to understand the proceedings against him or that he was unable to assist in his defense ( see, CPL 730.30; People v. Rowley, 222 A.D.2d 718; People v. Hollis, 204 A.D.2d 569). To the contrary, his responses to the court's inquiries were appropriate and indicated that he was not incapacitated ( see, People v. Rowley, supra).

Additionally, the defendant received the meaningful representation of counsel ( see, People v. Baldi, 54 N.Y.2d 137, 147). He "receive[d] an advantageous plea and nothing in the record casts doubt on the apparent effectiveness of counsel" ( People v. Ford, 86 N.Y.2d 397, 404).

Finally, we reject the defendant's claim that the sentences imposed, which were agreed upon as part of a negotiated plea agreement, were excessive ( see, People v. Kazepis, 101 A.D.2d 816).

Bracken, J.P., Copertino, Santucci and Altman, JJ., concur.


Summaries of

People v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 356 (N.Y. App. Div. 1998)
Case details for

People v. Gomez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. LESTER GOMEZ, Appellant

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

Date published: Dec 7, 1998

Citations

256 A.D.2d 356 (N.Y. App. Div. 1998)
682 N.Y.S.2d 227

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