Opinion
August 15, 1991
Appeal from the Supreme Court, Bronx County (George Covington, J., Bonnie Wittner, J.).
With respect to defendant's 1988 plea and conviction of attempted robbery in the first degree, we find defendant's contentions on appeal to be without merit. Moreover, we find that the pleas therein were adequate in that defendant was represented by counsel and that defendant knowingly, intelligently and voluntarily entered into the pleas and admitted guilt. Accordingly, the 1988 judgment is affirmed.
With respect to the defendant's 1989 conviction of robbery in the first degree, we find that it was error for the court to withdraw its order directing a psychiatric evaluation of the defendant pursuant to CPL article 730. Upon initially concluding that an expert evaluation of the defendant's competency to assist in his defense was warranted, it was error for the court to abort that process before it was terminated. (See, People v Armlin, 37 N.Y.2d 167, 172; People v Mulholland, 129 A.D.2d 857, 859.)
We have reviewed defendant's remaining contentions and find them to be without merit.
Concur — Murphy, P.J., Carro, Wallach, Kupferman and Smith, JJ.