Opinion
July 1, 1997
Appeal from the Supreme Court, Bronx County (Robert Straus, J.)
The verdict was supported by legally sufficient evidence ( People v. Contes, 60 N.Y.2d 620) and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490, 495), since there was ample evidence that defendant took several videotapes belonging to his mother without her consent. The court properly exercised its discretion in denying defense counsel's request for a new competency examination for defendant, who had previously been found competent ( see, People v. Morgan, 87 N.Y.2d 878). The court properly relied on its own observations, including defendant's responses to inquiries by the court ( see, People v Gensler, 72 N.Y.2d 239), particularly in light of defendant's psychiatric records showing a likelihood of feigning mental illness for his own advantage.
Concur — Murphy, P. J., Milonas, Ellerin, Andrias and Colabella, JJ.