PEOPLE v. JOHNSON

2009-06797.

87 A.D.3d 1074 (2011)

929 N.Y.S.2d 756

2011 NY Slip Op 6571

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NAT HANIEL JOHNSON, Appellant.

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

Decided September 20, 2011.


Ordered that the judgment is affirmed.

The Supreme Court did not err in failing to order a competency hearing. A defendant is presumed to be competent, and there is no basis in the record to conclude that, at the time the defendant entered his plea of guilty, he lacked the capacity to understand the proceedings against him or was unable to assist in his defense (see CPL 730.10 [1]; People v Morgan, 87 N.Y.2d 878, 880...

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