Opinion
March 18, 1996
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
Ordered that the judgment is affirmed.
We reject the defendant's contention that the Supreme Court was statutorily required to conduct a competency hearing after the defendant was found fit to proceed pursuant to CPL 730.60 (2) (see, People v Gensler, 72 N.Y.2d 239, cert denied 488 U.S. 932). In addition, the Supreme Court did not err by failing to conduct a hearing sua sponte (see, People v Gensler, supra). There is no evidence in the record that the defendant lacked the capacity to understand the proceedings against him and to assist in his own defense (see, CPL 730.10). Moreover, the defendant's plea of guilty was knowingly and voluntarily entered (see, People v Harris, 61 N.Y.2d 9). Miller, J.P., Joy, Hart and Krausman, JJ., concur.