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


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...

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