After an extensive and thorough hearing, the court properly found that the brain injury defendant sustained as the result of a stroke did not render him incompetent to stand trial. The evidence established that defendant was able to "consult with his lawyer with a reasonable degree of rational understanding," and had a "rational as well as factual understanding of the proceedings against him" (People v Francabandera,
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PEOPLE v. PHILLIPS
1746, 5187/04
68 A.D.3d 541 (2009)
2009 NY Slip Op 9293
889 N.Y.S.2d 456
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES PHILLIPS, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 15, 2009.
Decided December 15, 2009.
Appellate Division of the Supreme Court of New York, First Department.
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