PEOPLE v. GREGORY

No. 64 SSM 9.

33 N.Y.3d 1017 (2019)

125 N.E.3d 831

102 N.Y.S.3d 166

2019 NY Slip Op 04450

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENDEL R. GREGORY, Appellant.

Court of Appeals of New York.

Decided June 6, 2019.


Attorney(s) appearing for the Case

Paul Skip Laisure , Appellate Advocates, New York City, for appellant.

John M. Ryan , Acting District Attorney, Kew Gardens ( John F. McGoldrick of counsel), for respondent.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. The trial court concluded—based upon, among other things, its own observations of defendant's conduct throughout these lengthy proceedings and the testimony of defendant's attending physician—that defendant engaged in malingering insofar as he was competent to proceed but persisted in his efforts to avoid trial. Inasmuch as defendant "engaged in conduct...

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