| People v Johnson |
| 2011 NY Slip Op 06571 [87 AD3d 1074] |
| September 20, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Nathaniel Johnson, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (R. Doyle,J.), rendered July 1, 2009, convicting him of attempted criminal sale of a controlled substance inthe third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court did not err in failing to order a competency hearing. A defendant ispresumed to be competent, and there is no basis in the record to conclude that, at the time thedefendant entered his plea of guilty, he lacked the capacity to understand the proceedings againsthim or was unable to assist in his defense (see CPL 730.10 [1]; People v Morgan,87 NY2d 878, 880 [1995]; People v Gensler, 72 NY2d 239, 243-246 [1988], certdenied 488 US 932 [1988]; People vBatista, 82 AD3d 1113, 1114 [2011]; People v Shaffer, 81 AD3d 989 [2011]; People v Gallo, 73 AD3d 804,804-805 [2010]). The mere existence of a notation in the presentence report that the defendanthas been treated for bipolar disorder since 2002 does not, without more, trigger a duty to inquireas to his competency (see People v Batista, 82 AD3d at 1114; People v Kessler, 5 AD3d 504,505 [2004]; People v Hansen, 269 AD2d 467, 467-468 [2000]). Furthermore, theresponses made by the defendant at the plea and sentencing proceedings were appropriate and didnot indicate that he was incapacitated (see People v Gallo, 73 AD3d at 805; People v M'Lady, 59 AD3d 568[2009]; People v Pryor, 11 AD3d565, 566 [2004]). Skelos, J.P., Angiolillo, Lott and Roman, JJ., concur.