PEOPLE v. BURLEY

2012-09299, Ind. No. 2688/10.

118 A.D.3d 720 (2014)

986 N.Y.S.2d 853

2014 NY Slip Op 4024

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

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

Decided June 4, 2014.


Ordered that the judgment is affirmed.

The defendant's contention that the Supreme Court failed to ascertain his "fitness to proceed" (CPL 730.30 [1]) to trial is without merit. The court ordered an examination pursuant to CPL 730.30 (1), and a psychologist and a psychiatrist each found the defendant fit to stand trial. Relying on the reports of the pretrial examinations conducted less than two months before the trial began, as well as on its own observations of,...

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