Opinion
07-26-2017
The PEOPLE, etc., respondent, v. Michael MATTHEWS, appellant.
Martin Geduldig, Garden City, NY, for appellant. Madeline Singas, District Attorney, Mineola, NY (Daniel Bresnahan and Cody B. Sibell of counsel), for respondent.
Martin Geduldig, Garden City, NY, for appellant.
Madeline Singas, District Attorney, Mineola, NY (Daniel Bresnahan and Cody B. Sibell of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Quinn, J.), rendered March 24, 2015, convicting him of burglary in the third degree (five counts), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that he was deprived of the effective assistance of counsel at his competency hearing is without merit, as defense counsel provided meaningful representation (see People v.
Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584 ; People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400 ; see also People v. Sulaiman, 134 A.D.3d 860, 860, 20 N.Y.S.3d 650 ).
To the extent that the defendant contends that his plea of guilty was not knowingly, voluntarily, and intelligently entered, this contention is unpreserved for appellate review, since he did not move to withdraw the plea (see People v. Morris, 147 A.D.3d 1083, 1084, 48 N.Y.S.3d 425 ; People v. Pryor, 11 A.D.3d 565, 566, 782 N.Y.S.2d 803 ). In any event, the defendant's plea was knowingly, voluntarily, and intelligently made (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 ). There is no basis in the record to support the conclusion that the defendant lacked the capacity to understand the proceedings against him or that he was unable to assist in his own defense (see People v. Morris, 147 A.D.3d at 1084, 48 N.Y.S.3d 425 ; People v. Sulaiman, 134 A.D.3d at 861, 20 N.Y.S.3d 650 ; People v. Godfrey, 33 A.D.3d 623, 624, 822 N.Y.S.2d 135 ).
BALKIN, J.P., ROMAN, HINDS–RADIX and LaSALLE, JJ., concur.