People v. Valvano

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered October 19, 1989, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is reversed, on the law, the plea is vacated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith, including a hearing to determine the defendant’s competency.

The court initially found that the defendant was not fit to proceed and did not at any time thereafter determine that the defendant was not an…