Opinion
2021-51184
12-15-2021
The People of the State of New York, Respondent, v. Angel Rivera, Defendant-Appellant.
Unpublished Opinion
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Shahabuddeen A. Ally, J.), rendered August 5, 2019, convicting him, upon his plea of guilty, of attempted assault in the third degree, and imposing sentence.
PRESENT: Edmead, P.J., Hagler, Silvera, JJ.
PER CURIAM.
Judgment of conviction (Shahabuddeen A. Ally, J.), rendered August 5, 2019, affirmed.
Our review of the record as a whole demonstrates that defendant's guilty plea was knowing, intelligent and voluntary (see People v Conceicao, 26 N.Y.3d 375, 383 [2015]; People v Sougou, 26 N.Y.3d 1052 [2015]). Under the facts presented, the court was not required to conduct a sua sponte inquiry into defendant's medical condition. Defendant was rational and coherent throughout the plea proceedings, wherein he capably responded to the questions put to him, and gave no indication of mental impairment (see People v Ward, 168 A.D.3d 432 [2019], lv denied 33 N.Y.3d 955 [2019]; People v Rodriguez, 83 A.D.3d 449 [2011], lv denied 17 N.Y.3d 800 [2011]). Furthermore, defendant's counsel, who was in the best position to assess defendant's capacity, did not raise any issue with respect to his health and fitness to proceed (see People v Ragin, 136 A.D.3d 426, 427 [2016], lv denied 27 N.Y.3d 1074 [2016]).
In any event, the only relief defendant requests is dismissal of the accusatory instrument, and he expressly requests that this Court affirm his conviction if it does not grant dismissal. Since dismissal is not warranted, we affirm on this basis as well (see People v Conceicao, 26 N.Y.3d at 385 n; People v Teron, 139 A.D.3d 450 [2016]).