X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Andrew D. Correia, Public Defender, Lyons (Bradley E. Keem of Counsel), for Defendant-Appellant. Christine Callanan, Acting District Attorney, Lyons (Catherine A. Monikotz of Counsel), for Respondent. Appeal from a judgment of the Wayne County Court (Daniel G. Barrett, J.), rendered April 7, 2022. The judgment convicted defendant, upon a guilty plea, of robbery in the first degree. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon a plea of guilty, of robbery in the first degree (Penal Law § 160.15 [3]). We affirm. Defendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v. Lopez, 6 NY3d 248, 256 [2006]), and the valid waiver encompasses his challenges to County Court’s suppression ruling (see People v. Sanders, 25 NY3d 337, 342 [2015]; People v. Giles, 219 AD3d 1706, 1707 [4th Dept 2023], lv denied 40 NY3d 1039 [2023]) and to the severity of his sentence (see People v. Lollie, 204 AD3d 1430, 1431 [4th Dept 2022], lv denied 38 NY3d 1134 [2022]). We note that, although the written waiver form executed by defendant incorrectly portrays the waiver as an absolute bar to the taking of an appeal (see generally People v. Thomas, 34 NY3d 545, 564-567 [2019], cert denied — US —, 140 S Ct 2634 [2020]), the oral colloquy, “which followed the appropriate model colloquy, cured that defect” (People v. Clark, 221 AD3d 1550, 1551 [4th Dept 2023]). Defendant also contends that the court erred in denying defense counsel’s request for a competency examination of defendant pursuant to CPL 730.30. That contention “survives the plea and the valid waiver of the right to appeal to the extent that it implicates the voluntariness of the plea” (People v. Chapman, 179 AD3d 1526, 1527 [4th Dept 2020], lv denied 35 NY3d 968 [2020]; see generally Lopez, 6 NY3d at 255). Nevertheless, we reject defendant’s contention. A court must issue an order of examination “when it is of the opinion that the defendant may be an incapacitated person” (CPL 730.30 [1]). “The determination whether to order a competency examination, either sua sponte or upon defense counsel’s request, lies within the sound discretion of the court” (People v. Thorpe, 218 AD3d 1124, 1125 [4th Dept 2023], citing People v. Morgan, 87 NY2d 878, 879-880 [1995]). Here, we conclude that the court did not abuse its discretion in denying the request inasmuch as the court had ample opportunity to observe defendant prior to that request and the record supports its determination that defendant demonstrated an understanding of the proceedings and had the ability to assist in his own defense (see Thorpe, 218 AD3d at 1125; People v. Watson, 45 AD3d 1342, 1344 [4th Dept 2007], lv denied 10 NY3d 818 [2008]).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Description: Fox Rothschild has an opening in the New York office for an attorney in our renowned Labor & Employment Department, working...


Apply Now ›

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›

A prestigious matrimonial law firm in Garden City is seeking a skilled Associate Attorney with 5 to 7 years of experience in family law. The...


Apply Now ›