Filed Date: 12/21/2007
Status: Precedential
Modified Date: 11/1/2024
Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J.), rendered June 16, 2006. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree (two counts).
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of manslaughter in the first degree (Penal Law § 125.20 [1]). We note at the outset that the plea proceedings and sentencing were conducted by County Court and that the hearings that preceded the plea were conducted by Supreme Court (Joseph S. Forma, J.).
We conclude that the evidence presented at the competency hearing conducted by Supreme Court pursuant to CPL 730.30 supports the court’s determination that defendant was at that time fit to proceed (see People v Brown, 4 AD3d 886, 886-887 [2004], lv denied 3 NY3d 637 [2004]; see also People v Mendez, 1 NY3d 15, 20 [2003]). Contrary to defendant’s contention, the court complied with the requirements of CPL 730.30 and was not required to order additional competency examinations. Nothing in the record suggests that defendant’s condition deteriorated between the time of the psychiatric examinations and the time of the competency hearing (see People v Lewis, 302 AD2d 322, 323 [2003], lv denied 100 NY2d 540 [2003]) and, contrary to defendant’s contention, the court did not fail to comply with CPL article 730 when it made an informal request for an update of defendant’s condition from defendant’s treating psychiatrist (see People v Conforti, 263 AD2d 513 [1999], lv denied 94 NY2d 878 [2000]; People v Sims, 217 AD2d 912 [1995], lv denied 87 NY2d 851 [1995]).
We agree with defendant that his waiver of the right to appeal is invalid because County Court, in conducting the plea