People v. Cook

Appeal from a judgment of the Supreme Court, Erie County (Richard C. Kloch, Sr., A.J.), rendered April 24, 2006. The judgment convicted defendant, upon his plea of guilty, of criminal sexual act in the first degree.

*1428It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal sexual act in the first degree (Penal Law § 130.50 [3]), defendant contends that Supreme Court abused its discretion by failing, sua sponte, to order a second competency evaluation at the time…