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PEOPLE v. SCHWARTZ

204 A.D.2d 973 (1994)

614 N.Y.S.2d 948

The People of the State of New York, Respondent, v. Christopher Schwartz, Appellant

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

May 27, 1994

Judgment unanimously affirmed.

Memorandum:

The record supports County Court's determination that defendant was not an "incapacitated person" (CPL 730.10 [1]). The testimony at defendant's CPL article 730 hearing established that, although defendant is mentally retarded, his level of intellectual functioning is not so deficient as to render him incompetent to stand trial (see, People v Miranda, 125 A.D.2d 418

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