PEOPLE v. WALKER

2005-05248.

2008 NY Slip Op 06466

THE PEOPLE, ETC., respondent, v. JAMES WALKER, appellant.

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

Decided July 29, 2008.


Attorney(s) appearing for the Case

Richard A. Brown, District Attorney, Kew Gardens, N.Y., for respondent.

Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.

Before: FRED T. SANTUCCI, J.P., DANIEL D. ANGIOLILLO, RANDALL T. ENG, CHERYL E. CHAMBERS, JJ.


DECISION & ORDER

ORDERED that the judgment is affirmed.

The Supreme Court did not improvidently exercise its discretion in denying the defendant's request for a CPL 730 examination on the eve of trial. A finding that the defendant was fit to proceed to trial was made four months before the commencement of the trial, and was stipulated to by the prosecutor and defense counsel two months before the commencement of trial. The court was entitled to rely...

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