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  5. 74 N.Y.2d 919 (1989)
 

PEOPLE v. PHELPS

74 N.Y.2d 919 (1989)

The People of the State of New York, Respondent, v. Eugene Phelps, Appellant.

Court of Appeals of the State of New York.

Decided November 28, 1989.

Attorney(s) appearing for the Case

Robert B. Hallborg, Jr., Linda S. Reynolds and Barbara Davies Eberl for appellant.

Kevin M. Dillon, District Attorney (Susan D. Nusbaum and John J. DeFranks of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

At the request of defense counsel made during a proceeding to sentence defendant for sexual abuse, the trial court directed that, pursuant to CPL article 730, the director of Community Mental Health Services should cause an examination to be made of defendant to determine his mental competency. The director then orally designated a qualified psychiatrist...

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