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People v. Delgado

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 1994
202 A.D.2d 299 (N.Y. App. Div. 1994)

Opinion

March 17, 1994

Appeal from the Supreme Court, New York County (Joan Sudolnik, J.).


Defendant's two Rosario claims are not preserved because he failed to raise them in the trial court (see, People v. Jackson, 78 N.Y.2d 900; People v. Simonds, 73 N.Y.2d 945). If we were to consider defendant's claims on the record established, we would find that he was not substantially prejudiced by the delayed disclosure of the December 27, 1990 examination notes (People v Banch, 80 N.Y.2d 610, 617).

With respect to the July 8, 1991 notes, while there may be some ambiguity in the record, it was defendant's obligation to clarify that issue. We find indications in the record that these notes were in court and subject to a Rosario objection.

The court properly relied on Dr. Schneider's testimony (which considered defendant's self-inflicted injury), as well as his reports, the reports of Dr. Emilia Salanga, and its own observations in determining that defendant was competent to stand trial (People v. Gensler, 72 N.Y.2d 239, 244, cert denied 488 U.S. 932). Nor was it an abuse of discretion not to order, sua sponte, a new competency hearing (People v. Rodriguez, 56 N.Y.2d 557), and we accord substantial deference to her decision that defendant was competent (People v. Robustelli, 189 A.D.2d 668, 672, lv denied 81 N.Y.2d 975).

Concur — Sullivan, J.P., Carro, Wallach, Kupferman and Ross, JJ.


Summaries of

People v. Delgado

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 1994
202 A.D.2d 299 (N.Y. App. Div. 1994)
Case details for

People v. Delgado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH DELGADO…

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

Date published: Mar 17, 1994

Citations

202 A.D.2d 299 (N.Y. App. Div. 1994)
610 N.Y.S.2d 770

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