Majority
Appeals by the defendant from (1) a judgment of the Supreme Court, Nassau County (Calabrese, J.), rendered December 13, 2010, convicting him of criminal contempt in the first degree, criminal contempt in the second degree (two counts), attempted assault in the third degree, and criminal trespass in the third degree, upon his plea of guilty, and imposing sentence, and (2) an amended judgment of the same court rendered February 14, 2012, revoking the sentence of probation previously imposed by the same court on December 13, 2010, upon a finding that he violated a condition thereof, after a hearing, and imposing a term of imprisonment upon his previous convictions of criminal contempt in the first degree, criminal contempt in the second degree (two counts), attempted assault in the third degree, and criminal trespass in the third degree.
Ordered that the judgment and the amended judgment are affirmed.
The defendant’s contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since he did not move to withdraw the plea (see People v Canole, 123 AD3d 940 , 940 [2014]). In any event, the record reflects that the plea was knowingly, voluntarily, and intelligently made (see People v Fiumefreddo, 82 NY2d 536 ,
Contrary to the defendant’s contention, the Supreme Court did not improvidently exercise its discretion in failing to, sua sponte, order a competency examination (see People v Tortorici, 92 NY2d 757 , 765 [1999]; People v Velez, 64 AD3d 799 , 800 [2009]; People v Simpson, 52 AD3d 846 , 847 [2008]).
The defendant’s remaining contentions are without merit.
Rivera, J.R, Skelos, Roman and LaSalle, JJ., concur.
Cases cited
- People v. Fiumefreddo 82 NY2d 536 p. 1106
- People v. Dixon 29 NY2d 55 at 57 p. 1107
- People v. Dazzo 92 AD3d 796 at 796 p. 1107
- People v. Douglas 83 AD3d 1092 at 1093 p. 1107
- People v. Tortorici 92 NY2d 757 at 765 p. 1107
- People v. Velez 64 AD3d 799 at 800 p. 1107