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PEOPLE v. WAGNER

194 A.D.2d 341 (1993)

598 N.Y.S.2d 954

The People of the State of New York, Respondent, v. Augusto Wagner, Appellant

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

June 8, 1993

Contrary to defendant's argument, the trial court properly relied upon the competency examinations conducted shortly before trial, as well as its own observations of defendant, in denying trial counsel's mid-trial application for an additional competency examination (see, People v Kestin, 134 A.D.2d 453, lv dismissed 73 N.Y.2d 923). The record supports the trial court's determination that defendant was not an incompetent...

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