People v. Charnock

Appellate Division of the Supreme Court of New York

People v. Charnock

239 A.D.2d 933, 659 N.Y.S.2d 613, 1997 N.Y. App. Div. LEXIS 6314

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 30, 1997

StatusPublished

Cited by2 cases

This text of 239 A.D.2d 933 (People v. Charnock) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Charnock, 239 A.D.2d 933, 659 N.Y.S.2d 613, 1997 N.Y. App. Div. LEXIS 6314 (N.Y. Ct. App. 1997).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: Defendant, while represented by counsel, negotiated a bargained plea to a [934]*934reduced charge of attempted robbery in the first degree in full satisfaction of the indictment. There is nothing in the record to indicate that defense counsel had any difficulty communicating with defendant or that defendant was incapable of assisting in his own defense, nor is there any indication that defendant engaged in bizarre behavior. Thus, there is no merit to defendant’s contention that County Court should have, sua sponte, ordered a competency examination (see, CPL 730.10 [2]; People v Ross, 185 AD2d 661, lv denied 80 NY2d 934). The court did not err in proceeding to impose sentence without conducting further inquiry to determine whether defendant had knowingly waived the potential defense of intoxication. During the plea colloquy, defendant freely admitted the facts surrounding the robbery of the elderly couple in their home, including the nature of his involvement and the involvement of his codefendant, and never indicated to the court that he did not know what he was doing. (Appeal from Judgment of Erie County Court, McCarthy, J.—Attempted Robbery, 1st Degree.) Present—Green, J. P., Pine, Lawton, Callahan and Fallon, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed. Memorandum: Defendant, while represented by counsel, negotiated a bargained plea to a [934]*934reduced charge of attempted robbery in the first degree in full satisfaction of the indictment. There is nothing in the record to indicate that defense counsel had any difficulty communicating with defendant or that defendant was incapable of assisting in his own defense, nor is there any indication that defendant engaged in bizarre behavior. Thus, there is no merit to defendant’s contention that County Court should have, sua sponte, ordered a competency examination (see, CPL 730.10 [2]; People v Ross, 185 AD2d 661, lv denied 80 NY2d 934). The court did not err in proceeding to impose sentence without conducting further inquiry to determine whether defendant had knowingly waived the potential defense of intoxication. During the plea colloquy, defendant freely admitted the facts surrounding the robbery of the elderly couple in their home, including the nature of his involvement and the involvement of his codefendant, and never indicated to the court that he did not know what he was doing. (Appeal from Judgment of Erie County Court, McCarthy, J.—Attempted Robbery, 1st Degree.) Present—Green, J. P., Pine, Lawton, Callahan and Fallon, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

239 A.D.2d 933, 659 N.Y.S.2d 613, 1997 N.Y. App. Div. LEXIS 6314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-charnock-nyappdiv-1997.

Opinion

Related

Cite This Page — Counsel Stack