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PEOPLE v. ESPINAL

13706, 5260/05

123 A.D.3d 475 (2014)

998 N.Y.S.2d 349

2014 NY Slip Op 08565

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDY ESPINAL, Appellant.

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

Decided December 9, 2014.

The court properly exercised its discretion in temporarily deferring defense counsel's request for a fifth CPL article 730 examination of defendant until after the Wade hearing had commenced, a procedure expressly approved by defense counsel, because the information available to the court at that time did not call into question defendant's capacity to proceed (see People v Morgan, 87 N.Y.2d 878, 881 [1995]). Although defendant...

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