People v Socci
2018 NY Slip Op 02664 [160 AD3d 904]
April 18, 2018
Appellate Division, Second Department
As corrected through Wednesday, May 30, 2018


[*1]
 The People of the State of New York,Respondent,
v
Stephen Socci, Appellant.

Law Offices of Thomas F. Liotti, LLC, Garden City, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Judith R. Sternberg and Hilda Mortensenof counsel), for respondent.

Appeals by the defendant from two judgments of the Supreme Court, Nassau County (JamesP. McCormack, J.), both rendered March 26, 2008, convicting him of assault in the seconddegree (two counts) under indictment No. 2657/06, and kidnapping in the second degree andaggravated criminal contempt under indictment No. 1715/07, upon his pleas of guilty, andimposing sentences.

Ordered that the judgments are affirmed.

The defendant's contention that he was not competent to plead guilty is unpreserved forappellate review (see People vWashington, 134 AD3d 963, 963 [2015]; People v Perez, 65 AD3d 1167 [2009]). In any event, thecontention is without merit. The defendant was presumed competent to proceed (see People vGelikkaya, 84 NY2d 456 [1994]). His demeanor in court and responses to inquiries wereappropriate and did not trigger any duty to inquire as to his competency (see People v Anlyan, 150 AD3d869 [2017]; People v Washington, 134 AD3d at 964; People v DeBenedetto, 120 AD3d1428 [2014]).

The defendant's remaining contentions are without merit or not properly before this Court (see People v Williams, 149 AD3d986 [2017]). Dillon, J.P., Chambers, Hinds-Radix and Christopher, JJ., concur.


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