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People v. Herring

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 544 (N.Y. App. Div. 1996)

Opinion

February 13, 1996

Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).


Ordered that the judgment is affirmed.

We reject the defendant's contention that the County Court should have, sua sponte, conducted a competency hearing pursuant to CPL 730.30 prior to accepting the defendant's plea. We have examined the record and find that there was no reason to believe that the defendant did not have the capacity to understand the proceedings against him and assist in his own defense (see, CPL 730.10), and further find that the plea was knowingly and voluntarily entered (see, People v. Harris, 61 N.Y.2d 9).

The defendant's sentence was not excessive (see, People v Kazepis, 101 A.D.2d 816). Balletta, J.P., O'Brien, Ritter, Pizzuto and Altman, JJ., concur.


Summaries of

People v. Herring

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 544 (N.Y. App. Div. 1996)
Case details for

People v. Herring

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE HERRING…

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

Date published: Feb 13, 1996

Citations

224 A.D.2d 544 (N.Y. App. Div. 1996)
638 N.Y.S.2d 345