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People v. Bennett

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


June 23, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
MICHAEL BENNETT, A/K/A "FREDDIE," APPELLANT.

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered May 22, 2007, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

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.

STEVEN W. FISHER, J.P., ANITA R. FLORIO, JOSEPH COVELLO and THOMAS A. DICKERSON, JJ.

(Ind. No. 05-00260)

DECISION & ORDER

ORDERED that the judgment is affirmed.

There is no merit to the defendant's contention that the County Court should have, sua sponte, ordered additional competency examinations and another competency hearing pursuant to CPL 730.30 (see People v Cook, 46 AD3d 1427, 1428; People v Arvelo, 16 AD3d 128, 129; People v King, 12 AD3d 532, 533).

The defendant's remaining contentions are without merit.

FISHER, J.P., FLORIO, COVELLO and DICKERSON, JJ., concur.

20090623

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