Appellate Division of the Supreme Court of the State of New York December 28, 2012 (People v. Moore)

We agree with defendant that the court abused its discretion in failing sua sponte to order a competency hearing to determine whether defendant was fit to proceed at the time of sentencing *1781(see People v Garrasi, 302 AD2d 981, 983 [2003], lv denied 100 NY2d 538 [2003]; see also People v Armlin, 37 NY2d 167, 171-172 [1975]; People v Bangert, 22 NY2d 799, 800 [1968]; see generally People v