Opinion
Argued February 17, 1982
Decided March 25, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MICHAEL DONTZIN, J., THOMAS DICKENS, J.,
Richard T. Farrell for appellant.
Robert M. Morgenthau, District Attorney ( Bruce Allen and Mark Dwyer of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
We cannot say on the facts of this case that the Trial Judge's denial of defendant's application for a second competency hearing was an abuse of discretion as a matter of law, either under CPL 730.30 or 730.60 (subd 2) as it read at the time of defendant's trial.
The other error alleged, not having been preserved for review by appropriate objection or request for curative instruction, is beyond our power of review.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.