People v. Portillo

Appellate Division of the Supreme Court of New York

People v. Portillo

198 A.D.2d 683, 605 N.Y.S.2d 962, 1993 N.Y. App. Div. LEXIS 10785

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

DecidedNovember 18, 1993

StatusPublished

This text of 198 A.D.2d 683 (People v. Portillo) 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. Portillo, 198 A.D.2d 683, 605 N.Y.S.2d 962, 1993 N.Y. App. Div. LEXIS 10785 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Appeal from a judgment of the County Court of Sullivan County (Kane, J.), rendered June 17, 1992, convicting defendant upon his plea of guilty of the crime of rape in the first degree.

Questions as to a defendant’s competency to stand trial are not waived even with a bargained-for waiver of the right to appeal. Here, however, defendant’s competency was never at issue and no motion was ever made for an examination regarding his fitness to proceed. The record also amply demonstrates that the waiver was part of a negotiated plea and that defendant fully understood the consequences of the waiver. Even if the merits of defendant’s arguments were considered, the record reveals that they are without merit.

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.

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

—Appeal from a judgment of the County Court of Sullivan County (Kane, J.), rendered June 17, 1992, convicting defendant upon his plea of guilty of the crime of rape in the first degree.

Questions as to a defendant’s competency to stand trial are not waived even with a bargained-for waiver of the right to appeal. Here, however, defendant’s competency was never at issue and no motion was ever made for an examination regarding his fitness to proceed. The record also amply demonstrates that the waiver was part of a negotiated plea and that defendant fully understood the consequences of the waiver. Even if the merits of defendant’s arguments were considered, the record reveals that they are without merit.

Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

198 A.D.2d 683, 605 N.Y.S.2d 962, 1993 N.Y. App. Div. LEXIS 10785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-portillo-nyappdiv-1993.