PEOPLE v. PORTILLO


198 A.D.2d 683 (1993)

605 N.Y.S.2d 962

The People of the State of New York, Respondent, v. Luis Portillo, Appellant

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

November 18, 1993


Questions as to a defendant's competency to stand trial are not waived even with a bargained-for waiver of the right to appeal. Here, however, defendant's competency was never at issue and no motion was ever made for an examination regarding his fitness to proceed. The record also amply demonstrates that the waiver was part of a negotiated plea and that defendant fully understood the consequences of the waiver. Even if the merits of defendant's arguments were considered,...

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