PEOPLE v. FRANKLIN


7 A.D.3d 333 (2004)

775 N.Y.S.2d 847

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM FRANKLIN, Appellant.

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

May 11, 2004.


Each of the courts that ruled on the issue properly exercised its discretion in denying defense counsel's request for an examination of defendant pursuant to CPL article 730. Both courts properly relied on their own extensive observations of, and interactions with, defendant at various proceedings, at which defendant exhibited an understanding of the proceedings and an ability to assist in his defense (see People v Russell, 74 N.Y.2d 901

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