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PEOPLE v. RICHARDSON

2018-00039. Ind. No. 16/16.

195 A.D.3d 949 (2021)

146 N.Y.S.3d 521

2021 NY Slip Op 04033

The People of the State of New York, Respondent, v. Levogie J. Richardson, Appellant.

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

Decided June 23, 2021.

Attorney(s) appearing for the Case

Joseph Petito , Poughkeepsie, NY, for appellant.

William V. Grady , District Attorney, Poughkeepsie, NY ( Anna K. Diehn of counsel), for respondent.

Rivera, J.P., Hinds-Radix, Duffy and Christopher, JJ., concur.

Ordered that the judgment is affirmed.

Prior to trial, the defendant was subjected to three examinations pursuant to CPL 730.30. In each examination, he was found fit to proceed, and in two of the examinations, he was found to be malingering to avoid prosecution. At no time during the trial did the defense attorney request another examination pursuant to CPL 730.30, or raise the issue of the defendant's competency (see People v Tortorici, 92...

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