Opinion
KA 02-00612.
December 31, 2003.
Appeal from a judgment of Monroe County Court (Marks, J.), entered March 1, 2002, convicting defendant upon his plea of guilty of attempted sodomy in the first degree.
EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (TIMOTHY P. DONAHER OF COUNSEL), FOR DEFENDANT-APPELLANT.
HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (DANIEL P. MAJCHRZAK, JR., OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PINE, J.P., WISNER, KEHOE, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted sodomy in the first degree (Penal Law § 110.00, 130.50). Contrary to defendant's contention, County Court did not err in failing to hold a competency hearing prior to sentencing ( see CPL 730.30). "The record reveals that the court was not `of the opinion that defendant may be an incapacitated person' and it was not, therefore, obligated to issue an order of examination or otherwise to comply with CPL article 730" ( People v. Sims, 217 A.D.2d 912, 913, lv denied 87 N.Y.2d 851; see People v. Brown, 277 A.D.2d 972, lv denied 96 N.Y.2d 732; People v. Conforti, 263 A.D.2d 513, 514, lv denied 94 N.Y.2d 878).