Opinion
July 1, 1997
Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).
The court's verdict rejecting defendant's affirmative defense of lack of criminal responsibility by reason of mental disease or defect (Penal Law § 40.15) was not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490). We see no reason to disturb the court's evaluation ( 163 Misc.2d 329), under the statutory standard, of conflicting expert testimony.
The court properly exercised its discretion in adjudicating defendant a persistent felony offender.
Concur — Rosenberger, J. P., Nardelli, Rubin, Williams and Mazzarelli, JJ. [ See, 163 Misc.2d 329.]