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PEOPLE v. TROY

28 A.D.3d 689 (2006)

817 N.Y.S.2d 289

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER J. TROY, Appellant.

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

April 18, 2006.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not err in determining, after a hearing, that the defendant was competent to stand trial (see CPL 730.10). The burden of proof is on the prosecution to establish a defendant's competence, and the burden requires that fitness to stand trial be established by a preponderance of the evidence (see People v. Mendez, 1 N.Y.3d 15...

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