The court properly exercised its discretion when it denied defense counsel's application for a new competency examination pursuant to CPL article 730 since the court's own observations and the totality of the circumstances establish that defendant did not lack the "capacity to understand the proceedings against him or to assist in his own defense," despite defense counsel's claims to the contrary (CPL 730.10 [1]; People v Morgan,
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PEOPLE v. MENDEZ
306 A.D.2d 143 (2003)
762 N.Y.S.2d 592
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL MENDEZ, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided June 17, 2003.
Decided June 17, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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