People v. Kenney

225 A.D.2d 707, 639 N.Y.2d 940, 639 N.Y.S.2d 940, 1996 N.Y. App. Div. LEXIS 2641

Opinion

We reject the defendant’s contention that the Supreme Court was statutorily required to conduct a competency hearing after the defendant was found fit to proceed pursuant to CPL 730.60 (2) (see, People v Gensler, 72 NY2d 239, cert denied 488 US 932). In addition, the Supeme Court did not err by failing to conduct a hearing sua sponte (see, People v Gensler, supra). There is no evidence in the record that the defendant lacked the capacity to understand the proceedings against him and to assist in his own defense (see, CPL 730.10 [1]). Moreover, the defendant’s plea of guilty was knowingly and voluntarily entered (see, People v Harris, 61 NY2d 9). Miller, J. P., Joy, Hart and Krausman, JJ., concur.