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The PEOPLE, etc., respondent, v. ROY HAMPTON, appellant. (Ind. No. 2752/93)

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's assertions on appeal, the Supreme Court did not err in failing to sua sponte order another competency hearing prior to accepting the defendant's plea of guilty ( see, People v. Morgan, 87 N.Y.2d 878; People v. Gelikkaya, 84 N.Y.2d 456; People v. Santiago, 205 A.D.2d 565; People v. Konits, 159 A.D.2d 590, cert denied 498 U.S. 939). In addition, the court did not improvidently exercise its discretion in denying the defendant's subsequent motion to withdraw his plea ( see, People v. Harris, 61 N.Y.2d 9; People v. Ochoa, 179 A.D.2d 689; People v. O'Callaghan, 171 A.D.2d 706; CPL 220.60).

The arguments in the defendant's pro se brief concerning an alleged denial of effective assistance of counsel are based on facts dehors the record. Thus, the arguments are not properly before this court on the appeal ( see, CPL article 440; People v. Allen, 156 A.D.2d 700, 701).

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PEOPLE v. HAMPTON
(Jun 7, 1999)