Opinion
2000-11716
December 5, 2002.
December 23, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered December 4, 2000, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Monique Ferrell of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The trial court providently exercised its discretion in denying the defendant's applications for further psychiatric examinations pursuant to CPL article 730 to determine his competency (see People v. Tortorici, 92 N.Y.2d 757, cert denied 528 U.S. 834; People v. Gensler, 72 N.Y.2d 239, 244, cert denied 488 U.S. 932; People v. Bannister, 284 A.D.2d 404). The court properly relied upon its own observation of the defendant during the proceedings, as well as the latest psychiatric evaluation of the defendant, which was conducted three months before the commencement of the trial and found the defendant competent to stand trial, in determining that a further examination was unwarranted (see People v. Morgan, 87 N.Y.2d 878; People v. Idlet, 208 A.D.2d 649; People v. Picozzi, 106 A.D.2d 413).
FLORIO, J.P., FRIEDMANN, McGINITY and TOWNES, JJ., concur.