People v Veneziano
2009 NY Slip Op 04107 [62 AD3d 588]
May 26, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 1, 2009


The People of the State of New York, Respondent,
v
Richard Veneziano, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Anastasia Heeger of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Karen M. Griffin of counsel), for respondent.

Judgment of resentence, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered December 14, 2006, convicting defendant, after a hearing, of violation of probation, and resentencing him to a term of 11/3 to 4 years, unanimously affirmed.

The court was under no obligation to order a CPL article 730 examination sua sponte (see People v Tortorici, 92 NY2d 757 [1999], cert denied 528 US 834 [1999]). The information before the court concerning defendant's mental condition did not suggest that he was unable to understand the proceedings or assist in his defense. Concur—Friedman, J.P., Sweeny, Nardelli, Acosta and Richter, JJ.