PEOPLE v. GALANDREO


293 A.D.2d 756 (2002)

741 N.Y.S.2d 439

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TOM GALANDREO, Appellant.

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

Decided April 29, 2002.


Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court erred in failing to, sua sponte, order a second CPL 730.30 examination during the trial, even though two psychiatric examiners concluded prior to trial that he was fit to proceed. We disagree.

The test of a defendant's mental competency is whether he or she has sufficient present ability to consult with his or her lawyer with a reasonable degree of rational understanding and...

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