THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. JOHN DOVE DEFENDANT APPELLANT (2011)

MEMORANDUM AND ORDER

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

Memorandum:  Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted assault in the first degree (Penal Law §§ 110.00, 120.10[2] ).   We reject defendant's contention that County Court abused its discretion in denying his request to adjourn sentencing in order to obtain a psychiatric evaluation (see People v. Dockery, 174 A.D.2d 432, lv denied 78 N.Y.2d 1010).  “The granting of an adjournment for any purpose is a matter resting within the sound discretion of the trial court” (People v. Patterson, 177 A.D.2d 1042, lv denied 79 N.Y.2d 1049, 1052;  see Matter of Anthony M., 63 N.Y.2d 270, 283).   Here, a psychiatric evaluation would not have altered the terms of defendant's plea bargain.   Moreover, defendant had approximately eight months between the date that he was arrested and the date of sentencing to obtain such an evaluation (see People v. Brown, 305 A.D.2d 1068, 1069–1070, lv denied 100 N.Y.2d 579).

Patricia L. Morgan

Clerk of the Court