PEOPLE v. LORIA (2004)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Theodore LORIA, Also Known as “Teddy,” Defendant-Appellant.

Decided: November 19, 2004

PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, KEHOE, AND LAWTON, JJ.

Edward J. Nowak, Public Defender, Rochester (James Eckert of Counsel), for Defendant-Appellant. Michael C. Green, District Attorney, Rochester (Michael J. Nolan of Counsel), for Plaintiff-Respondent.

Defendant appeals from a judgment convicting him, upon his plea of guilty, of five counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1] ) and six counts of criminal possession of a controlled substance in the third degree (§ 220.16[1] ). Although defendant has a history of mental instability due to a bipolar disorder, the record establishes that defendant is stable when medicated and that he was medicated at the time of the plea. Given the conduct of defendant at the time of the plea, County Court did not abuse its discretion in accepting his guilty plea without ordering an additional CPL article 730 examination (see People v. Gelikkaya, 84 N.Y.2d 456, 459-460, 618 N.Y.S.2d 895, 643 N.E.2d 517; People v. Gensler, 72 N.Y.2d 239, 245-247, 532 N.Y.S.2d 72, 527 N.E.2d 1209, cert. denied 488 U.S. 932, 109 S.Ct. 323, 102 L.Ed.2d 341).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network