PEOPLE v. KESTIN

134 A.D.2d 453 (1987)

The People of the State of New York, Respondent,
v.
Brian Kestin, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.
November 16, 1987
Mangano, J. P., Thompson, Lawrence and Kunzeman, JJ., concur.

Ordered that the judgment is affirmed.

The court did not abuse its discretion in denying the defendant's applications at trial and at sentencing for further psychiatric examinations pursuant to CPL article 730 in order to determine his competency. Such an examination had been conducted 10 months prior to the commencement of the trial, at which time the defendant was found fit to proceed. The court properly relied upon this evaluation, as well as its own observations of the defendant during the proceedings, in determining that a further examination was not warranted (see, People v Picozzi, 106 A.D.2d 413).

Upon the exercise of our factual review power we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15 [5]). The evidence supported the jury's implicit finding that the defendant possessed the requisite intent to commit the crime.

The other contentions raised by the defendant have been examined and found to be without merit.


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