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PEOPLE v. MAURICIO

8 A.D.3d 1089 (2004)

778 N.Y.S.2d 400

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH MAURICIO, Appellant.

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

June 14, 2004.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

County Court did not abuse its discretion in failing, sua sponte, to order a competency hearing pursuant to CPL 730.30 (2) (see People v Tortorici, 92 N.Y.2d 757, 766-767 [1999], cert denied 528 U.S. 834 [1999]). Nor was defendant denied effective assistance of counsel as the result of defense...

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