People v. Rodriguez

New York Court of Appeals March 25, 1982

People v. Rodriguez, 56 N.Y.2d 557 (N.Y. 1982)

434 N.E.2d 1340; 449 N.Y.S.2d 962; 1982 N.Y. LEXIS 3231

Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We cannot say on the facts of this case that the Trial Judge’s denial of defendant’s application for a second competency hearing was an abuse of discretion as a matter of law, either under CPL 730.30 or 730.60 (subd 2) as it read at the time of defendant’s trial.

The other error alleged, not having been preserved for review by appropriate objection or request for curative instruction, is beyond our power of review.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Reference

Full Case Name: The People of the State of New York, Respondent, v. Johnny Rodriguez, Also Known as Gordo, Appellant
Cited By: 10 cases
Status: Published