PEOPLE v. JONES (2009)

On appeal from a judgment convicting him upon his plea of guilty of murder in the second degree (Penal Law § 125.25[2] ), defendant contends that his plea was not knowingly, intelligently and voluntarily entered.   We reject that contention (see People v. Alexander, 185 A.D.2d 712, 587 N.Y.S.2d 242, lv. denied 80 N.Y.2d 926, 589 N.Y.S.2d 854, 603 N.E.2d 959).   In fact, the record belies the contention of defendant that County Court accepted his guilty plea despite an unresolved issue concerning his competency.   There is nothing in the record before us to indicate that the court should have questioned the competency of defendant at the time he withdrew his motion pursuant to CPL article 730 and entered his plea (see generally People v. Francabandera, 33 N.Y.2d 429, 438-439, 354 N.Y.S.2d 609, 310 N.E.2d 292;  People v. Sims, 217 A.D.2d 912, 912-913, 629 N.Y.S.2d 923, lv. denied 87 N.Y.2d 851, 638 N.Y.S.2d 609, 661 N.E.2d 1391).   We have reviewed defendant's remaining contentions and conclude that none requires reversal.

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

MEMORANDUM: