| People v Sonberg |
| 2009 NY Slip Op 03231 [61 AD3d 1350] |
| April 24, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Norman C.Sonberg, Appellant. |
—[*1] Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), renderedMarch 14, 2008. The judgment convicted defendant, upon his plea of guilty, of sexual abuse inthe first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of sexualabuse in the first degree (Penal Law § 130.65 [1]), defendant contends that County Courtabused its discretion in denying his motion to withdraw his plea on the ground that it was notvoluntarily, knowingly and intelligently entered because he was mentally incompetent at thattime. We reject defendant's contention. Although the record establishes that defendant was beingtreated for medical conditions with prescription medications, "[t]here was not the slightestindication that defendant was uninformed, confused or incompetent" when he entered the plea(People v Alexander, 97 NY2d 482, 486 [2002]; see People v Nudd, 53 AD3d 1115 [2008], lv denied 11NY3d 834 [2008]). Indeed, when the court asked defendant whether the medication he wastaking affected his ability to think clearly, defendant responded in the negative. The court alsoasked defendant whether he had sufficient time to discuss the matter with his attorney andwhether he was in good physical and mental condition, and defendant responded in theaffirmative. Even if we were to credit the contention of defendant that he had taken the wrongmedication on the day he entered his plea, we nevertheless would conclude on the record beforeus that he was not thereby "so stripped . . . of orientation or cognition that he lackedthe capacity to plead guilty" (Alexander, 97 NY2d at 486). Present—Scudder, P.J.,Smith, Peradotto, Carni and Green, JJ.