Legal Opinion

People v. Moore

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

Decided December 31, 2008Published

1Opinion of the Court

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]), defendant contends that his plea was not validly entered because he was incompetent. We reject that contention. County Court properly relied upon the *1433reports of two mental health professionals who found that defendant was competent (see People v Alexander, 185 AD2d 712, 713 [1992], lv denied 80 NY2d 926 [1992]). In addition, the record of the plea colloquy establishes “that defendant possessed a ‘rational and factual understanding of the…

2Cases cited4 opinions

  1. People v. LopezNew York Court of Appeals · 2006
  2. People v. HidalgoNew York Court of Appeals · 1998
  3. People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. CameronAppellate Division of the Supreme Court of the State of New York · 2008

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