From Casetext: Smarter Legal Research

People v. Blackwell

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 804 (N.Y. App. Div. 2000)

Opinion

December 27, 2000.

Appeal from Judgment of Supreme Court, Monroe County, Affronti, J. — Burglary, 2nd Degree.

PRESENT: PIGOTT, JR., P.J., GREEN, PINE, KEHOE AND BALIO, JJ.


Judgment unanimously affirmed.

Memorandum:

Supreme Court did not abuse its discretion in denying defendant's motion, made immediately before the commencement of trial, for a competency examination pursuant to CPL 730.30 and an adjournment of the trial pending that examination. After a lengthy colloquy with defendant, the court determined that he appeared to be coherent, understood the court's questions, and indicated an understanding of the trial procedure and the charges pending against him. The record supports that determination ( see, People v. Tortorici, 92 N.Y.2d 757, 766, cert denied 528 U.S. 834, 120 S.Ct. 94; People v. Morgan, 87 N.Y.2d 878, 880-881). Defendant failed to preserve his remaining contentions for our review ( see, CPL 470.05), and we decline to exercise our power to review them as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]).


Summaries of

People v. Blackwell

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 27, 2000
278 A.D.2d 804 (N.Y. App. Div. 2000)
Case details for

People v. Blackwell

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. CLARENCE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 27, 2000

Citations

278 A.D.2d 804 (N.Y. App. Div. 2000)
718 N.Y.S.2d 522

Citing Cases

People v. Burkett

Memorandum: Defendant appeals from a judgment convicting him following a bench trial of aggravated harassment…