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People v. Lord

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


February 6, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
MICHAELJON H. LORD, DEFENDANT-APPELLANT.

Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered October 10, 2006. The judgment convicted defendant, upon a jury verdict, of rape in the second degree, criminal sexual act in the second degree, endangering the welfare of a child, and unlawfully dealing with a child in the first degree.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: MARTOCHE, J.P., FAHEY, GREEN, PINE, AND GORSKI, JJ.

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

Memorandum

On appeal from a judgment convicting him following a jury trial of, inter alia, rape in the second degree (Penal Law § 130.30 [1]), and endangering the welfare of a child (§ 260.10 [1]), defendant contends that County Court abused its discretion in failing, sua sponte, to order a competency evaluation before trial (see CPL 730.30 [1]; People v Tortorici, 92 NY2d 757, 765-766, cert denied 528 US 834; People v Morgan, 87 NY2d 878, 879-880). We reject that contention, inasmuch as the record is devoid of any indication that the court had "a reasonable ground for believing that [the] defendant [was] in such state of idiocy, imbecility or insanity that he [was] incapable of understanding the charge, indictment or proceedings or of making his defense' " (Tortorici, 92 NY2d at 765; see People v Corney, 303 AD2d 1006, lv denied 1 NY3d 570). We also reject the contention of defendant that the court deprived him of his right to a fair trial by admitting in evidence references to uncharged crimes. The references to those uncharged crimes were properly admitted in evidence to support the count charging endangering the welfare of a child (see People v Keindl, 68 NY2d 410, 421-422, rearg denied 69 NY2d 823; People v Lemanski, 217 AD2d 962). Defendant failed to preserve for our review his contention with respect to the alleged inaccuracy of information relied upon by the court in sentencing him (see People v Leeson, 299 AD2d 919, 920, lv denied 99 NY2d 560; People v Washington, 291 AD2d 780, lv denied 98 NY2d 682), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Finally, the sentence is not unduly harsh or severe.

20090206

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