PEOPLE v. FENEQUE


156 A.D.2d 178 (1989)

The People of the State of New York, Respondent, v. Samuel Feneque, Appellant

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

December 7, 1989


In this prosecution for second degree murder arising as a result of the strangulation of defendant's live-in companion, defendant was denied neither his State nor Federal due process right to a fair trial by the trial court's rejection, without a hearing, of his belated claim that he lacked capacity to stand trial. The court properly evaluated the defendant's ability to consult with counsel and his understanding of the proceedings, as well as all other evidence and took into...

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