People v. Brooks

• Decision Date: 01 November 2011
• Citation: People v. Brooks, 89 A.D.3d 747, 931 N.Y.S.2d 908, 2011 N.Y. Slip Op. 7856 (N.Y. App. Div. 2011)
• Parties: The PEOPLE, etc., respondent,v.Howard BROOKS, appellant.
• Court: New York Supreme Court — Appellate Division

89 A.D.3d 747

931 N.Y.S.2d 908

2011 N.Y. Slip Op. 07856

The PEOPLE, etc., respondent,

v.Howard BROOKS, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Nov. 1, 2011.

OPINION TEXT STARTS HEREJason L. Russo, Uniondale, N.Y., for appellant.Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, SuffolkCounty (Hinrichs, J.), rendered January 26, 2011, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The Supreme Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty ( seeCPL 220.60[3] ).The record establishes that the defendant's plea of guilty was knowingly, voluntarily, and intelligently made.While the presentence report indicated that the defendant had been diagnosed with attention deficit hyperactivity disorder and bipolar disorder, there is no basis in the record to support the conclusion that, at the time of the plea proceeding, the defendant lacked the capacity to understand the nature of the proceeding or the consequences of his plea ( seePeople v. M'Lady,59 A.D.3d 568, 873 N.Y.S.2d 331).In denying the defendant's motion, the Supreme Court properly relied on the plea allocution and its own clear recollection of the defendant's demeanor and responses ( seePeople v. Rodriguez,302 A.D.2d 317, 754 N.Y.S.2d 874).During the plea colloquy, the defendant capably responded to the questions put to him, and gave no indication of mental impairment which would have alerted the Supreme Court to the need for a competency hearing or any further inquiry ( seePeople v. Young,257 A.D.2d 764, 764, 684 N.Y.S.2d 23).The record of the plea...