Opinion
2008–06941 2008–06942 Ind. Nos. 2657/06 1715/07
04-18-2018
The PEOPLE, etc., respondent, v. Stephen SOCCI, appellant.
Law Offices of Thomas F. Liotti, LLC, Garden City, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Hilda Mortensen of counsel), for respondent.
Law Offices of Thomas F. Liotti, LLC, Garden City, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Hilda Mortensen of counsel), for respondent.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDERAppeals by the defendant from two judgments of the Supreme Court, Nassau County (James P. McCormack, J.), both rendered March 26, 2008, convicting him of assault in the second degree (two counts) under Indictment No. 2657/06, and kidnapping in the second degree and aggravated criminal contempt under Indictment No. 1715/07, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The defendant's contention that he was not competent to plead guilty is unpreserved for appellate review (see People v. Washington, 134 A.D.3d 963, 963, 20 N.Y.S.3d 896 ; People v. Perez, 65 A.D.3d 1167, 885 N.Y.S.2d 127 ). In any event, the contention is without merit. The defendant was presumed competent to proceed (see People v. Gelikkaya, 84 N.Y.2d 456, 618 N.Y.S.2d 895, 643 N.E.2d 517 ). His demeanor in court and responses to inquiries were appropriate and did not trigger any duty to inquire as to his competency (see People v. Anlyan, 150 A.D.3d 869, 51 N.Y.S.3d 894 ; People v. Washington, 134 A.D.3d at 964, 20 N.Y.S.3d 896; People v. DeBenedetto, 120 A.D.3d 1428, 992 N.Y.S.2d 370 ).
The defendant's remaining contentions are without merit or not properly before this Court (see People v. Williams, 149 A.D.3d 986, 50 N.Y.S.3d 305).
DILLON, J.P., CHAMBERS, HINDS–RADIX and CHRISTOPHER, JJ., concur.