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PEOPLE v. PILBEAM

209 A.D.2d 934 (1994)

619 N.Y.S.2d 228

The People of the State of New York, Respondent, v. Allen V. Pilbeam, Appellant

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

November 16, 1994

Judgment unanimously affirmed.

Memorandum:

Supreme Court properly determined that the testimony of defendant from his first trial could be used to impeach him if he testified at his second trial. The contention that defendant's competency during the first trial was in dispute is without merit. Because there was no determination that defendant was not competent when he testified at his first trial, he is presumed...

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