PEOPLE v. SANCHEZ


186 A.D.2d 599 (1992)

The People of the State of New York, Respondent, v. Modesto Sanchez, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 5, 1992


Ordered that the judgment is affirmed.

We disagree with the defendant's contention that he was or may have been incapacitated at the time he entered his plea of guilty (CPL 730.10 [1]). His asserted lack of familiarity with the English language is irrelevant to the issue of capacity, and is not borne out by the record in any event. Although there was some slight proof of borderline retardation, we find that it did not interfere with either his ability to understand...

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