PEOPLE v. HOLMES


19 A.D.3d 187 (2005)

796 N.Y.S.2d 361

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO HOLMES, Appellant.

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

June 14, 2005.


The court was not obligated, sua sponte, to order a CPL article 730 examination (see Pate v Robinson, 383 U.S. 375 [1966]; People v Tortorici, 92 N.Y.2d 757 [1999], cert denied 528 U.S. 834 [1999]; People v Morgan, 87 N.Y.2d 878 [1995]). The information before the court concerning defendant's mental condition contained no suggestion that he was...

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