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PEOPLE v. APONTE

34 A.D.3d 298 (2006)

823 N.Y.S.2d 406

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN APONTE, Appellant.

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

Decided November 14, 2006.

The court properly found defendant competent to stand trial following a hearing. The court properly weighed the conflicting psychiatric reports and testimony, as well as its own observations of defendant, in concluding that the People had proven defendant's competence by a preponderance of the evidence (see People v Mendez, 1 N.Y.3d 15, 20 [2003]). There was clear evidence from two psychiatrists that defendant was able to understand...

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