People v. Buckley
| Citation | 139 A.D.2d 589,527 N.Y.S.2d 83 |
| Parties | The PEOPLE, etc., Respondent, v. James BUCKLEY, Appellant. |
| Decision Date | 11 April 1988 |
| Court | New York Supreme Court — Appellate Division |
James Buckley, pro se.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Roseann B. MacKechnie and Linda Starr, of counsel), for respondent.
Before MANGANO, J.P., and BRACKEN, SPATT and HARWOOD, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Douglass, J.), dated October 28, 1986, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate his judgment of conviction.
ORDERED that the order is affirmed.
We are unpersuaded by the defendant's contention that an evidentiary hearing was necessary to determine his claim of ineffective assistance of trial counsel. Under the circumstances the defendant has failed to show that facts dehors the record are material and would entitle him to the relief sought in his CPL 440.10 motion ( see, People v. Angelakos, 70 N.Y.2d 670, 518 N.Y.S.2d 784, 512 N.E.2d 305; People v. Satterfield, 66 N.Y.2d 796, 799, 497 N.Y.S.2d 903, 488 N.E.2d 834; cf., People v. Ferreras, 70 N.Y.2d 630, 518 N.Y.S.2d 780, 512 N.E.2d 301; People v. Jenkins, 68 N.Y.2d 896, 508 N.Y.S.2d 937, 501 N.E.2d 586).
The defendant's claim that he was unable to comprehend the proceedings and meaningfully participate in his defense due to his having ingested LSD and antipsychotic medication is unsupported by the record. No substantive basis exists to support a reasonable belief that the defendant was in any way incapacitated at the time in question ( see, People v. Gosso, 130 A.D.2d 683, 516 N.Y.S.2d 20, lv. denied 70 N.Y.2d 712, --- N.Y.S.2d ----, 513 N.E.2d 1315). Furthermore, the court made sufficient inquiry at the time of the plea to determine that he entered into it knowingly and voluntarily ( see, People v. Fridell, 93 A.D.2d 866, 461 N.Y.S.2d 375).
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