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People v. Ray

Appellate Division of the Supreme Court of New York, First Department
Apr 26, 2001
282 A.D.2d 409 (N.Y. App. Div. 2001)

Opinion

April 26, 2001.

Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered September 11, 1996, convicting defendant, upon his plea of guilty, of arson in the second degree, and sentencing him to a term of 2 1/2 years to 7 1/2 years, unanimously affirmed.

Asma J. Warsi, for Respondent.

Mari Ann Connolly Sennett, for Defendant-Appellant.

Before: Rosenberger, J.P., Mazzarelli, Andrias, Ellerin, Lerner, JJ.


The court was not obligated to conduct a sua sponte inquiry into defendant's competency, notwithstanding defendant's psychiatric history (see, People v. Tortorici, 92 N.Y.2d 757, 765; People v. Gelikkaya, 84 N.Y.2d 456, 459). Defendant's responses to the court's questioning demonstrated his understanding of the proceedings against him. He further stated he was taking medication and was not confused. The record fails to support defendant's claim that both the court and defense counsel expressed doubts as to his competency.

Defendant received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 713-714). Counsel negotiated a favorable plea, avoiding a far more severe sentence (see, People v. Ford, 86 N.Y.2d 397, 404), and the existing record fails to support defendant's claims that his counsel should have requested a psychiatric examination and made a speedy trial motion.

We perceive no basis for reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Ray

Appellate Division of the Supreme Court of New York, First Department
Apr 26, 2001
282 A.D.2d 409 (N.Y. App. Div. 2001)
Case details for

People v. Ray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v. EDDIE RAY, A/K/A EDDIE…

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

Date published: Apr 26, 2001

Citations

282 A.D.2d 409 (N.Y. App. Div. 2001)
723 N.Y.S.2d 667

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