Opinion
June 6, 1994
Appeal from the Supreme Court, Kings County (Feldman, J.).
Ordered that the judgment is affirmed.
Inasmuch as the most recent psychiatric examination conducted of the defendant resulted in a finding that he was fit to proceed to trial, there is no basis to support the conclusion that at the time the defendant entered his plea of guilty, he lacked the capacity to understand the proceedings against him or that he was unable to assist in his defense (see, CPL 730.10; People v Gensler, 72 N.Y.2d 239, cert denied 488 U.S. 932; People v Johnston, 186 A.D.2d 680). Accordingly, the Supreme Court did not err in failing to sua sponte order a hearing pursuant to CPL 730.30.
We have reviewed the defendant's remaining contentions and conclude that they are without merit. Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.