PEOPLE v. MOTA


3 A.D.3d 348 (2004)

769 N.Y.S.2d 893

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO MOTA, Appellant.

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

January 13, 2004.


Defendant did not preserve his argument that the court should not have imposed sentence without having received a report of the psychiatric, psychological and intelligence testing it had ordered in aid of sentencing, and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant was not prejudiced because he received the minimum lawful sentence and because nothing in the record casts any doubt on his mental competence. Defendant...

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