Opinion
March 23, 1993
Appeal from the Supreme Court, New York County (James Leff, J.).
Defendant's failure to move to vacate the judgment pursuant to CPL 440.10 or to withdraw his plea pursuant to CPL 220.60 (3), renders defendant's present claim of lack of capacity unpreserved as a matter of law (cf., People v. Lopez, 71 N.Y.2d 662). Were we to review in the interest of justice, we would note that defendant responded accurately and logically to each of the court's questions, and that the attorney who represented the defendant throughout the proceedings registered no objection (see, People v. Vasquez, 172 A.D.2d 435, lv denied 78 N.Y.2d 976). We would further note that no evidence is presented on the face of the record which would have warranted the court conducting yet another CPL article 730 proceeding, sua sponte, and conclude that a hearing was not required (see, People v. Carbone, 159 A.D.2d 511, lv denied 76 N.Y.2d 732; CPL 730.30).
Concur — Sullivan, J.P., Wallach, Kupferman and Rubin, JJ.