| People v Ture |
| 2012 NY Slip Op 02530 [94 AD3d 1163] |
| April 5, 2012 |
| Appellate Division, Third Department |
| The People of the State of New York, Respondent, v Nicholas A.Ture, Appellant. |
—[*1] James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler of counsel), forrespondent.
Lahtinen, J. Appeal from a judgment of the County Court of Saratoga County (Scarano, J.),rendered June 17, 2010, convicting defendant upon his plea of guilty of the crimes of attemptedmurder in the second degree, assault in the first degree, assault in the second degree and criminalpossession of a weapon in the fourth degree.
Defendant was arrested after repeatedly stabbing his mother, who was seriously injured butsurvived the attack. He was indicted for attempted murder in the second degree, assault in thefirst degree, assault in the second degree and criminal possession of a weapon in the fourthdegree. Although initial competency examinations reported that he was not competent,subsequent competency examinations resulted in two psychiatrists concluding that he wascompetent. A competency hearing was scheduled but, on the day of the hearing, defendantconceded his capacity to stand trial. Thereafter, defendant entered an Alford plea to allfour counts and waived his right to appeal in exchange for an aggregate term of 15 years inprison together with postrelease supervision. County Court sentenced defendant consistent withthe plea deal. Defendant appeals contending that County Court should not have accepted hisAlford plea.
"An Alford plea may only be allowed when it is the product of a voluntary andrational [*2]choice and there is strong evidence of defendant'sguilt before the court" (People vWashington, 51 AD3d 1223, 1223-1224 [2008] [citations omitted]; see People v Hill, 16 NY3d 811,814 [2011]; Matter of Silmon v Travis, 95 NY2d 470, 475 [2000]). Defendant assertsthat there is no strong evidence of his guilt since there is proof indicating that he may have notbeen responsible by reason of mental disease. However, "[b]y not moving to withdraw his plea orvacate the judgment of conviction, defendant did not preserve his argument[ ] . . .that his Alford plea was not supported by sufficient record proof" (People v Morelli, 46 AD3d 1215,1216 [2007], lv denied 10 NY3d 814 [2008] [citations omitted]; see People v Bates, 83 AD3d1110, 1112 [2011]). In any event, the record reveals that County Court conducted a thoroughplea allocution, defendant indicated that he understood and agreed to the sentence, the evidencethat he committed the acts was compelling, and the proof regarding his mental capacity does notestablish that he was incompetent (see generally People v Bates, 83 AD3d at 1112-1113;People v Mears, 16 AD3d 917,918 [2005]; People v Crandall, 272 AD2d 717, 717-718 [2000]).
Mercure, A.P.J., Spain, Stein and McCarthy, JJ., concur. Ordered that the judgment isaffirmed.