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PEOPLE v. WONG

9828. 4776/14.

174 A.D.3d 436 (2019)

104 N.Y.S.3d 108

2019 NY Slip Op 05485

The People of the State of New York, Respondent, v. Jeffrey Wong, Appellant.

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

Decided July 9, 2019.

The court providently exercised its discretion when it announced that it would grant the People an adjournment to allow for a psychiatric examination of defendant (see generally People v Diaz, 15 N.Y.3d 40, 47 [2010]), and in giving the statutory adverse inference instruction against defendant based on his refusal to be examined (see CPL 250.10[5]). The prosecutor inadvertently overlooked the statement of notice of an extreme...

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