People v. Benson

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.), rendered August 24, 2009, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

*1195Ordered that the judgment is affirmed.

The County Court properly determined that the defendant was competent to stand trial (see CPL 730.10; People v Marino, 13 AD3d 556, 556 [2004]). The burden of proof is on the prosecution to establish a defendant’s competence, and the burden requires that fitness to stand trial be established by a preponderance of the evidence (see People v Mendez, 1…