PEOPLE v. SAVONA


176 A.D.2d 362 (1991)

The People of the State of New York, Respondent, v. Thomas Savona, Appellant

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

September 30, 1991


Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court erred in failing to order a second CPL 730.30 examination, sua sponte, during the trial, even though a pretrial CPL 730.30 examination led two psychiatrists to conclude that he was competent to stand trial. We disagree.

The test of competency is whether the defendant "`has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding...

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