From Casetext: Smarter Legal Research

People v. Curran

Supreme Court, Appellate Division, Second Department, New York.
Jul 24, 2019
174 A.D.3d 818 (N.Y. App. Div. 2019)

Opinion

2016–08617 Ind. No. 10092/15

07-24-2019

The PEOPLE, etc., respondent, v. Patrick CURRAN, appellant.

Gary E. Eisenberg, New City, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.


Gary E. Eisenberg, New City, NY, for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

MARK C. DILLON, J.P. ROBERT J. MILLER HECTOR D. LASALLE ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Craig Stephen Brown, J.), rendered June 24, 2016, convicting him of aggravated family offense (two counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the County Court did not err in not sua sponte ordering a competency hearing pursuant to CPL 730.30 prior to conducting an Outley hearing (see People v. Outley, 80 N.Y.2d 702, 594 N.Y.S.2d 683, 610 N.E.2d 356 ) and imposing sentence (see People v. Morgan, 87 N.Y.2d 878, 879–880, 638 N.Y.S.2d 942, 662 N.E.2d 260 ; People v. Rojas, 43 A.D.3d 413, 840 N.Y.S.2d 152 ; People v. Jones, 25 A.D.3d 809, 810, 807 N.Y.S.2d 653 ; People v. Jordan, 21 A.D.3d 1039, 800 N.Y.S.2d 850 ).

The defendant's remaining contention is without merit.

DILLON, J.P., MILLER, LASALLE and IANNACCI, JJ., concur.


Summaries of

People v. Curran

Supreme Court, Appellate Division, Second Department, New York.
Jul 24, 2019
174 A.D.3d 818 (N.Y. App. Div. 2019)
Case details for

People v. Curran

Case Details

Full title:The PEOPLE, etc., respondent, v. Patrick CURRAN, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jul 24, 2019

Citations

174 A.D.3d 818 (N.Y. App. Div. 2019)
174 A.D.3d 818

Citing Cases

People v. Delcid

ORDERED that the branch of the respondent's motion which is, in effect, for leave to reargue is granted, and…

People v. Daly

Judge: Decision Reported Below: 2d Dept: 174 AD3d 818 (Kings)…