New York Court of Appeals, 1982

People v. Rodriguez

People v. Rodriguez
New York Court of Appeals · Decided March 25, 1982 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur
56 N.Y.2d 557; 434 N.E.2d 1340; 449 N.Y.S.2d 962; 1982 N.Y. LEXIS 3231

People v. Rodriguez

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.

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