Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered March 6, 2003, convicting defendant upon his plea of guilty of the crime of attempted coercion in the first degree.
In full satisfaction of a three-count indictment, defendant pleaded guilty to the crime of attempted coercion in the first degree and was thereafter sentenced to the agreed-upon prison sentence of IV2 to 3 years. Defendant argues on appeal that his plea was involuntarily made due to his mental deficiencies, as well as the ineffective assistance of counsel, and that County Court erred in failing to, sua sponte, order a competency hearing.
Initially, we note that defendant’s challenges to the voluntariness of his plea are not preserved for our review based on his failure to move to withdraw the plea or vacate the judgment of conviction (see People v Clifford,
As to County Court’s failure to order a competency hearing, we note that the record reveals that defendant has some history of mental illness. However, “ ' [a] defendant is presumed to be competent and is not entitled, as a matter of law, to a competency hearing unless the court has reasonable grounds to believe that, because of mental disease or defect, the defendant is incap
Cardona, P.J., Peters, Spain and Kane, JJ., concur. Ordered that the judgment is affirmed.
