People v. Moore

We agree with defendant that the court abused its discretion in failing sua sponte to order a competency hearing to determine whether defendant was fit to proceed at the time of sentencing *1781(see People v Garrasi, 302 AD2d 981, 983 [2003], lv denied 100 NY2d 538 [2003]; see also People v Armlin, 37 NY2d 167, 171-172 [1975]; People v Bangert, 22 NY2d 799, 800 [1968]; see generally People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]). Although a defendant is presumed to be competent (see Tortorici, 92 NY2d at 765) and “[t]he determination of whether to order a…