People v. Batista
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Supreme Court’s failure, sua sponte, to direct a competency hearing pursuant to CPL article 730 does not require *1114reversal. A defendant is presumed to be competent, and there is no basis in the record to conclude that at the time the defendant entered his plea of guilty, he lacked the capacity to understand the proceedings against him or was unable to assist in his defense (see CPL 730.10 [1]; People v Morgan, 87 NY2d 878, 880 [1995]; People v Gensler, 72 NY2d 239, 243-246 [1988], cert denied 488 US 932 [1988]; People v Shaffer, 81 AD3d 989 [2d Dept 2011]; People v Gallo, 73 AD3d 804…
2Cases cited10 opinions
- People v. MorganNew York Court of Appeals · 1995
- People v. GenslerNew York Court of Appeals · 1988
- People v. PryorAppellate Division of the Supreme Court of the State of New York · 2004
- People v. M'LadyAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HollisAppellate Division of the Supreme Court of the State of New York · 1994
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. PelaezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. SpencerAppellate Division of the Supreme Court of the State of New York · 2017
- People v. LeachAppellate Division of the Supreme Court of the State of New York · 2014
3 more not listed; retrieve them via the Exa API.