PEOPLE v. LYONS


306 A.D.2d 541 (2003)

761 N.Y.S.2d 852

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES W. LYONS, Appellant.

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

Decided June 30, 2003.


Ordered that the amended judgment is affirmed.

The defendant contends that he was denied the effective assistance of counsel because his attorney failed to request a competency examination to determine his capacity to assist in his own defense. However, there is no basis to conclude that at the time of admission to the violation of probation, the defendant lacked the capacity to understand the proceeding against him or to assist in his own defense (see CPL...

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