PEOPLE v. ROJAS


43 A.D.3d 413 (2007)

840 N.Y.S.2d 152

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE ROJAS, Appellant.

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

Decided August 7, 2007.


Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing in accordance herewith.

A court's determination on whether to order a competency examination is addressed to the court's discretion, and great deference is accorded that exercise (see People v Morgan, 87 N.Y.2d 878, 879...

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