People v. Parnell

Appellate Division of the Supreme Court of New York

People v. Parnell

2 A.D.3d 1363, 768 N.Y.S.2d 870, 2003 N.Y. App. Div. LEXIS 14356

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

DecidedDecember 31, 2003

StatusPublished

This text of 2 A.D.3d 1363 (People v. Parnell) 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. Parnell, 2 A.D.3d 1363, 768 N.Y.S.2d 870, 2003 N.Y. App. Div. LEXIS 14356 (N.Y. Ct. App. 2003).

Pincite

Opinion

Appeal from a judgment of Monroe County Court (Marks, J.), entered March 1, 2002, convicting defendant upon his plea of guilty of attempted sodomy in the first degree.

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 [1364]*1364him upon his plea of guilty of attempted sodomy in the first degree (Penal Law §§ 110.00, 130.50 [3]). Contrary to defendant’s contention, County Court did not err in failing to hold a competency hearing prior to sentencing (see CPL 730.30). “The record reveals that the court was not ‘of the opinion that defendant may be an incapacitated person’ and it was not, therefore, obligated to issue an order of examination or otherwise to comply with CPL article 730” (People v Sims, 217 AD2d 912, 912 [1995], lv denied 87 NY2d 851 [1995]; see People v Brown, 277 AD2d 972 [2000], lv denied 96 NY2d 732 [2001]; People v Conforti, 263 AD2d 513, 514 [1999], lv denied 94 NY2d 878 [2000]). Present—Pine, J.P., Wisner, Kehoe, Gorski and Lawton, JJ.

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Appeal from a judgment of Monroe County Court (Marks, J.), entered March 1, 2002, convicting defendant upon his plea of guilty of attempted sodomy in the first degree.

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 [1364]*1364him upon his plea of guilty of attempted sodomy in the first degree (Penal Law §§ 110.00, 130.50 [3]). Contrary to defendant’s contention, County Court did not err in failing to hold a competency hearing prior to sentencing (see CPL 730.30). “The record reveals that the court was not ‘of the opinion that defendant may be an incapacitated person’ and it was not, therefore, obligated to issue an order of examination or otherwise to comply with CPL article 730” (People v Sims, 217 AD2d 912, 912 [1995], lv denied 87 NY2d 851 [1995]; see People v Brown, 277 AD2d 972 [2000], lv denied 96 NY2d 732 [2001]; People v Conforti, 263 AD2d 513, 514 [1999], lv denied 94 NY2d 878 [2000]). Present—Pine, J.P., Wisner, Kehoe, Gorski and Lawton, JJ.

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Bluebook (online)

2 A.D.3d 1363, 768 N.Y.S.2d 870, 2003 N.Y. App. Div. LEXIS 14356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-parnell-nyappdiv-2003.

Opinion

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