Opinion
Argued April 30, 1975
Decided June 4, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, J. ROBERT JOHNSON, J.
Margaret M. Hill for appellant.
Roger H. Mallery, District Attorney (Marc Wohl of counsel), for respondent.
Order affirmed. Although it is difficult, if not impossible, to avoid a conclusion that defendant was psychotic, paradoxically the record also established beyond any doubt, and also beyond this court's review, that defendant was legally sane. (Compare Penal Law, § 30.05 with ALI Model Penal Code, § 4.01 [Proposed Official Draft (1962)].) There were no objections to the charge to the jury. Hence, there are no purported errors in the charge which this court may review within its limited jurisdiction (see CPL 470.05, subd 2; 470.35, subd 1; People v Rossi, 11 N.Y.2d 379, 383).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.