| People v Trent |
| 2010 NY Slip Op 05802 [74 AD3d 1370] |
| June 29, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Curtis Lee Trent, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), forrespondent.
Appeals by the defendant from two judgments of the County Court, Suffolk County(Braslow, J.), both rendered January 8, 2009, convicting him of operating a motor vehicle whileunder the influence of alcohol as a felony under indictment No. 1250/08, and attempted burglaryin the third degree under indictment No. 2266/08, upon his pleas of guilty, and imposingsentences.
Ordered that the judgments are affirmed.
The defendant's contention that his pleas of guilty were not knowingly, voluntarily, andintelligently given is unpreserved for appellate review since he did not move to withdraw hispleas on this ground prior to sentencing (see CPL 470.05 [2]; People v Toxey, 86NY2d 725, 726 [1995]; People v LeGrady, 50 AD3d 1059 [2008]; People vRamsey, 49 AD3d 565 [2008]; People v Herdt, 45 AD3d 698 [2007]). In any event,the defendant's pleas were knowingly, voluntarily, and intelligently entered (see People vFiumefreddo, 82 NY2d 536, 543 [1993]; People v Lopez, 71 NY2d 662 [1988];People v Harris, 61 NY2d 9, 17 [1983]).
The defendant contends that he was deprived of the effective assistance of counsel becausehis attorney failed to request a competency hearing. However, there is no basis in the record toconclude that the defendant lacked the capacity to understand the proceedings against him or toassist in his own defense (see CPL 730.10 [1]; People v Lyons, 306 AD2d 541[2003]; People v Rivas, 206 AD2d 549 [1994]; People v Johnston, 186 AD2d680 [1992]). Furthermore, the record as a whole reveals that counsel's representation did not fallbelow an objective standard of reasonableness (see Hill v Lockhart, 474 US 52, 58-59[1985]; Strickland v Washington, 466 US 668, 687 [1984]; People v McDonald,1 NY3d 109, 113-114 [2003]). Dillon, J.P., Santucci, Belen and Sgroi, JJ., concur.