PEOPLE v. HOLMES (2005)

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

The PEOPLE of the State of New York, Respondent, v. Antonio HOLMES, Defendant-Appellant.

Decided: June 14, 2005

BUCKLEY, P.J., MAZZARELLI, FRIEDMAN, MARLOW, ELLERIN, JJ.

Moira E. Casey, Douglaston, for appellant. Robert M. Morgenthau, District Attorney, New York (Walter J. Storey of counsel), for respondent.

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered November 16, 2001, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 15 years, unanimously affirmed.

The court was not obligated, sua sponte, to order a CPL article 730 examination (see Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 [1966]; People v. Tortorici, 92 N.Y.2d 757, 686 N.Y.S.2d 346, 709 N.E.2d 87 [1999], cert. denied 528 U.S. 834, 120 S.Ct. 94, 145 L.Ed.2d 80 [1999]; People v. Morgan, 87 N.Y.2d 878, 638 N.Y.S.2d 942, 662 N.E.2d 260 [1995] ). The information before the court concerning defendant's mental condition contained no suggestion that he was unable to understand the proceedings or assist in his defense. The record establishes the voluntariness of defendant's guilty plea.

We perceive no basis for reducing the sentence.

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