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PEOPLE v. COX

196 A.D.2d 596 (1993)

601 N.Y.S.2d 175

The People of the State of New York, Respondent, v. Horatio Cox, Appellant

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

August 16, 1993

Ordered that the judgment is affirmed.

We find that the court properly determined that the defendant was competent at the time of his plea and at sentencing, which occurred directly after a CPL 730.30 hearing (see, CPL 730.10 [1]). Although two experts opined that the defendant was incompetent, the court credited the testimony of the People's expert, who concluded that the defendant was "malingering" and had a much...

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