PEOPLE v. ORTIZ


62 A.D.3d 1034 (2009)

878 N.Y.S.2d 491

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO ORTIZ, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 7, 2009.


CARDONA, P.J.

Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with two counts of the crime of rape in the second degree. Defendant pleaded guilty to both counts and was sentenced pursuant to the plea agreement to a term of imprisonment of 2 to 6 years on each count, with the sentences to run concurrently. On this appeal, defendant argues that County Court erred by failing to order a competency evaluation on its...

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