People v. Batista
| Decision Date | 22 March 2011 |
| Citation | 82 A.D.3d 1113,919 N.Y.S.2d 350,2011 N.Y. Slip Op. 02409 |
| Parties | The PEOPLE, etc., respondent, v. Jason BATISTA, appellant. |
| Court | New York Supreme Court |
OPINION TEXT STARTS HERE
Arleen Lewis, Blauvelt, N.Y., for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; Amanda B. Haberman on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly, J.), rendered December 9, 2009, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The Supreme Court's failure, sua sponte, to direct a competency hearing pursuant to CPL article 730 does not require reversal. A defendant is presumed to be competent, and there is no basis in the record to conclude that at the time the defendant entered his plea of guilty, he lacked the capacity to understand the proceedings against him or was unable to assist in his defense ( seeCPL 730.10[1]; People v. Morgan, 87 N.Y.2d 878, 880, 638 N.Y.S.2d 942, 662 N.E.2d 260;People v. Gensler, 72 N.Y.2d 239, 243–246, 532 N.Y.S.2d 72, 527 N.E.2d 1209,cert. denied 488 U.S. 932, 109 S.Ct. 323, 102 L.Ed.2d 341;People v. Shaffer, 81 A.D.3d 989, 917 N.Y.S.2d 267, [2d Dept. 2011];People v. Gallo, 73 A.D.3d 804, 899 N.Y.S.2d 6552;People v. M'Lady, 59 A.D.3d 568, 873 N.Y.S.2d 331;People v. Monk, 29 A.D.3d 605, 815 N.Y.S.2d 130). The mere existence of a notation in the presentence report that the defendant, approximately 10 years earlier, had been diagnosed as emotionally and learning disabled, does not, without more, trigger a duty to inquire as to his competency ( see People v. Kessler, 5 A.D.3d 504, 505, 772 N.Y.S.2d 582;People v. Hansen, 269 A.D.2d 467, 468, 704 N.Y.S.2d 269;People v. Hollis, 204 A.D.2d 569, 614 N.Y.S.2d 211). Furthermore, the responses made by the defendant at the plea and sentencing proceedings were appropriate and did not indicate that he was incapacitated ( see People v. Gallo, 73 A.D.3d 804, 899 N.Y.S.2d 6552;People v. M'Lady, 59 A.D.3d 568, 873 N.Y.S.2d 331;People v. Pryor, 11 A.D.3d 565, 782 N.Y.S.2d 803).
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