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People v. Rodriguez

Court of Appeals of the State of New York
Mar 25, 1982
434 N.E.2d 1340 (N.Y. 1982)

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.


Summaries of

People v. Rodriguez

Court of Appeals of the State of New York
Mar 25, 1982
434 N.E.2d 1340 (N.Y. 1982)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY RODRIGUEZ, Also…

Court:Court of Appeals of the State of New York

Date published: Mar 25, 1982

Citations

434 N.E.2d 1340 (N.Y. 1982)
434 N.E.2d 1340
449 N.Y.S.2d 962

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