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PEOPLE v. MOYE

105 A.D.2d 853 (1984)

The People of the State of New York, Respondent, v. Clarence Moye, Appellant

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

November 26, 1984

Judgment affirmed.

We have reviewed the record and agree with the trial court's finding that there was no reasonable ground to believe that defendant was an "incapacitated person" as that term is defined in CPL 730.10. Defendant has no history of diagnosed mental illness. His prior institutionalization resulted in a conclusion that he did not have any psychosis. The trial court ascertained by questioning the defendant that...

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