Opinion
Submitted April 22, 1999
June 7, 1999
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Pesce, J.), rendered January 10, 1995, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
Susan B. Marhoffer, White Plains, N.Y., for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Jodi L. Mandel of counsel; Noelle Donovan on the brief), for respondent.
DAVID S. RITTER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's assertions on appeal, the Supreme Court did not err in failing to sua sponte order another competency hearing prior to accepting the defendant's plea of guilty ( see, People v. Morgan, 87 N.Y.2d 878; People v. Gelikkaya, 84 N.Y.2d 456; People v. Santiago, 205 A.D.2d 565; People v. Konits, 159 A.D.2d 590, cert denied 498 U.S. 939). In addition, the court did not improvidently exercise its discretion in denying the defendant's subsequent motion to withdraw his plea ( see, People v. Harris, 61 N.Y.2d 9; People v. Ochoa, 179 A.D.2d 689; People v. O'Callaghan, 171 A.D.2d 706; CPL 220.60).
The arguments in the defendant's pro se brief concerning an alleged denial of effective assistance of counsel are based on facts dehors the record. Thus, the arguments are not properly before this court on the appeal ( see, CPL article 440; People v. Allen, 156 A.D.2d 700, 701).