Opinion
January 29, 1990
Appeal from the County Court, Suffolk County (Tisch, J.).
Ordered that the judgment is affirmed.
The record indicates that the defendant was examined by two psychiatrists who determined that he was fit to proceed. Under these circumstances, the defendant was not denied the effective assistance of counsel simply because his attorney moved to confirm this determination without requesting a hearing (see, People v. Baldi, 54 N.Y.2d 137; People v. Aiken, 45 N.Y.2d 394). In addition, nothing in the probation report or the plea colloquy raised an issue as to the fitness of the defendant to enter a plea of guilty on May 29, 1986 (People v. Heasley, 133 A.D.2d 977).
Further, defense counsel's successful negotiation of an agreement enabling the defendant to enter a plea of guilty to conspiracy in the second degree after having been indicted for murder in the second degree is also a factor in determining the issue of the effective assistance of counsel (see, People v Saggese, 135 A.D.2d 669; People v. Strempack, 134 A.D.2d 799).
We have examined the defendant's argument that the sentence imposed was excessive and find it to be without merit (see, People v. Kazepis, 101 A.D.2d 816; People v. Suitte, 90 A.D.2d 80). Mollen, P.J., Mangano, Kunzeman and Kooper, JJ., concur.