PEOPLE v. FLEMING

3964, 3964A, 690/05.

79 A.D.3d 626 (2010)

913 N.Y.S.2d 221

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUDY FLEMING, Appellant.

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

Decided December 28, 2010.


The court properly denied defendant's CPL 440.10 motion, without conducting a hearing or appointing a defense psychiatric expert. Citing evidence that after he began serving his sentence he was diagnosed as psychotic and treated accordingly, defendant argues that further inquiry is necessary regarding whether he was incompetent to stand trial. Before trial, and after the testimony of two psychiatrists at a thorough hearing, the court made a competency determination that defendant...

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