| People v Burley |
| 2014 NY Slip Op 04024 [118 AD3d 720] |
| June 4, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Troy Burley, Appellant. |
Martin Geduldig, Garden City, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Ilisa T.Fleischer of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Robbins, J.), rendered September 28, 2012, convicting him of robbery in the firstdegree, robbery in the second degree (two counts), robbery in the third degree, grandlarceny in the fourth degree, sexual abuse in the first degree, and forcible touching, upona jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the Supreme Court failed to ascertain his "fitness toproceed" (CPL 730.30 [1]) to trial is without merit. The court ordered an examinationpursuant to CPL 730.30 (1), and a psychologist and a psychiatrist each found thedefendant fit to stand trial. Relying on the reports of the pretrial examinations conductedless than two months before the trial began, as well as on its own observations of, andinteractions with, the defendant, the court providently exercised its discretion indetermining that the defendant was fit to proceed. The court was not required, under thecircumstances presented, to hold a hearing (see CPL 730.30 [2]; People vTortorici, 92 NY2d 757, 766 [1999]).
The defendant failed to establish that he received ineffective assistance of counselunder either federal or state constitutional standards. The record establishes that defensecounsel provided meaningful representation (see People v Berroa, 99 NY2d 134,138 [2002]; People v Henry, 95 NY2d 563, 565 [2000]; People vBenevento, 91 NY2d 708, 712 [1998]; People v Negron, 112 AD3d 741 [2013]). Mastro, J.P.,Roman, Hinds-Radix and LaSalle, JJ., concur.