Opinion
2012-04-5
The PEOPLE of the State of New York, Respondent, v. Nicholas A. TURE, Appellant.
Paul J. Connolly, Delmar, for appellant. James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler of counsel), for respondent.
Paul J. Connolly, Delmar, for appellant. James A. Murphy III, District Attorney, Ballston Spa (Nicholas E. Tishler of counsel), for respondent.
Before: MERCURE, Acting P.J., LAHTINEN, SPAIN, STEIN and McCARTHY, JJ.
LAHTINEN, J.
Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered June 17, 2010, convicting defendant upon his plea of guilty of the crimes of attempted murder in the second degree, assault in the first degree, assault in the second degree and criminal possession of a weapon in the fourth degree.
Defendant was arrested after repeatedly stabbing his mother, who was seriously injured but survived the attack. He was indicted for attempted murder in the second degree, assault in the first degree, assault in the second degree and criminal possession of a weapon in the fourth degree. Although initial competency examinations reported that he was not competent, subsequent competency examinations resulted in two psychiatrists concluding that he was competent. A competency hearing was scheduled but, on the day of the hearing, defendant conceded his capacity to stand trial. Thereafter, defendant entered an Alford plea to all four counts and waived his right to appeal in exchange for an aggregate term of 15 years in prison together with postrelease supervision. County Court sentenced defendant consistent with the plea deal. Defendant appeals contending that County Court should not have accepted his Alford plea.
“An Alford plea may only be allowed when it is the product of a voluntary and rational choice and there is strong evidence of defendant's guilt before the court” ( People v. Washington, 51 A.D.3d 1223, 1223–1224, 858 N.Y.S.2d 434 [2008] [citations omitted]; see People v. Hill, 16 N.Y.3d 811, 814, 921 N.Y.S.2d 181, 946 N.E.2d 169 [2011]; Matter of Silmon v. Travis, 95 N.Y.2d 470, 475, 718 N.Y.S.2d 704, 741 N.E.2d 501 [2000] ). Defendant asserts that there is no strong evidence of his guilt since there is proof indicating that he may have not been responsible by reason of mental disease. However, “[b]y not moving to withdraw his plea or vacate the judgment of conviction, defendant did not preserve his argument[ ] ... that his Alford plea was not supported by sufficient record proof” ( People v. Morelli, 46 A.D.3d 1215, 1216, 847 N.Y.S.2d 789 [2007], lv. denied 10 N.Y.3d 814, 857 N.Y.S.2d 47, 886 N.E.2d 812 [2008] [citations omitted]; see People v. Bates, 83 A.D.3d 1110, 1112, 920 N.Y.S.2d 795 [2011] ). In any event, the record reveals that County Court conducted a thorough plea allocution, defendant indicated that he understood and agreed to the sentence, the evidence that he committed the acts was compelling, and the proof regarding his mental capacity does not establish that he was incompetent ( see generally People v. Bates, 83 A.D.3d at 1112–1113, 920 N.Y.S.2d 795; People v. Mears, 16 A.D.3d 917, 918, 791 N.Y.S.2d 725 [2005]; People v. Crandall, 272 A.D.2d 717, 717–718, 710 N.Y.S.2d 127 [2000] ).
ORDERED that the judgment is affirmed.