| People v Batista |
| 2011 NY Slip Op 02409 [82 AD3d 1113] |
| March 22, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JasonBatista, Appellant. |
—[*1] Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; AmandaB. Haberman on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly,J.), rendered December 9, 2009, convicting him of assault in the second degree, upon his plea ofguilty, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court's failure, sua sponte, to direct a competency hearing pursuant to CPLarticle 730 does not require reversal. A defendant is presumed to be competent, and there is nobasis in the record to conclude that at the time the defendant entered his plea of guilty, he lackedthe capacity to understand the proceedings against him or was unable to assist in his defense(see CPL 730.10 [1]; People v Morgan, 87 NY2d 878, 880 [1995]; People vGensler, 72 NY2d 239, 243-246 [1988], cert denied 488 US 932 [1988]; People vShaffer, 81 AD3d 989 [2d Dept 2011]; People v Gallo, 73 AD3d 804 [2010];People v M'Lady, 59 AD3d 568 [2009]; People v Monk, 29 AD3d 605 [2006]).The mere existence of a notation in the presentence report that the defendant, approximately 10years earlier, had been diagnosed as emotionally and learning disabled, does not, without more,trigger a duty to inquire as to his competency (see People v Kessler, 5 AD3d 504, 505[2004]; People v Hansen, 269 AD2d 467, 468 [2000]; People v Hollis, 204 AD2d569 [1994]). Furthermore, the responses made by the defendant at the plea and sentencingproceedings were appropriate and did not indicate that he was incapacitated (see People vGallo, 73 AD3d 804 [2010]; People v M'Lady, 59 AD3d 568 [2009]; People vPryor, 11 AD3d 565 [2004]). Skelos, J.P., Covello, Eng, Chambers and Sgroi, JJ., concur.