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PEOPLE v. LOWE

109 A.D.2d 300 (1985)

The People of the State of New York, Respondent, v. Jack Rutherford Lowe, Appellant. (Appeal No. 1.) The People of the State of New York, Respondent, v. Jack Rutherford Lowe, Appellant. (Appeal No. 2.)

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

July 12, 1985

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Susan K. Cable of counsel), for appellant.

Howard R. Relin, District Attorney (Wendy Evans Lehmann of counsel), for respondent.

GREEN, O'DONNELL and PINE, JJ., concur with DENMAN, J.; HANCOCK, JR., J. P., dissents and votes to hold the case, reserve decision and remit for further proceedings in a separate opinion.

DENMAN, J.

On this appeal from a judgment convicting him of two counts of murder in the second degree, robbery in the first and second degree, and petit larceny, and from an order denying his motion to vacate the judgment (CPL 440.10), defendant maintains that the competency examinations ordered by the court pursuant to CPL article 730 did not meet the statutory requirements, that he was thus deprived of due...

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