| People v M'Lady |
| 2009 NY Slip Op 01140 [59 AD3d 568] |
| February 10, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Richard M'Lady, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Richard L. Hecht & Argiro Kosmetatosof counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.),rendered August 18, 2005, convicting him of criminal possession of a forged instrument in thesecond degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his plea of guilty should be vacated because it was notknowingly, voluntarily, and intelligently made is without merit. While the pre-sentence reportindicated that the defendant had a history of substance abuse and psychiatric problems, and thathe had been diagnosed with bipolar disorder which was controlled by medication, there is nobasis in the record to support the conclusion that at the time of the plea proceeding, he lacked thecapacity to understand the proceeding or was unable to assist in his defense (see CPL730.30 [1]; People v Hollis, 204 AD2d 569 [1994]). The responses made by thedefendant at the plea and sentencing proceedings were appropriate and did not indicate that hewas incapacitated (see People vPryor, 11 AD3d 565 [2004]; People v Hansen, 269 AD2d 467 [2000]).
The defendant's contention that he was denied the effective assistance of counsel is withoutmerit (see People v Dowicyan, 19AD3d 613 [2005]). Spolzino, J.P., Santucci, Miller, Dickerson and Eng, JJ., concur.