PEOPLE v. RODRIGUEZ


79 A.D.2d 576 (1980)

The People of the State of New York, Respondent, v. Johnny Rodriguez, Also Known as Gordo, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 23, 1980


Affirmed.

The sole issue dividing this court is whether the hearing court abused its discretion in denying defendant's request for a second competency examination pursuant to CPL article 730. On the record before us, we cannot discern the existence of any abuse. On July 27, 1978, the People moved to convert the findings of two psychiatrists who determined that defendant was unfit to proceed to trial. The court, after hearing the testimony of these two medical experts...

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