People v. Franco

— Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered August 21, 1984, convicting him of sodomy in the first degree, upon his plea of guilty, and imposing sentence.

Judgment affirmed.

Based upon his extensive history of psychiatric treatment, the defendant contends that the court erred in denying his *610second application for the appointment of a qualified psychiatrist to assist him with regard to his capacity to proceed and with regard to the defense of not guilty by reason of mental disease or defect (see, Penal Law § 30.05). The defendant maintains…