Opinion
March 10, 1986
Appeal from the Supreme Court, Kings County (Ramirez, J.).
Judgment affirmed.
The only evidence on the record before us tending to show that the defendant was incapacitated at the time of his trial, is an allegation by defense counsel at the trial that his drowsiness during a portion of the trial was caused by Thorazine and cold medicine allegedly given to him while in jail. However, when his attorney called the mental health clinic at the jail where the defendant was being held, she was informed that they had never heard of the defendant. Without more, it cannot be said that the trial court abused its discretion in denying the defendant's request for a psychiatric examination pursuant to CPL article 730 (see, People v. Bancroft, 110 A.D.2d 773; People v. Colville, 74 A.D.2d 928). Nor can it be said on that basis that the defendant was denied his right to confront the witnesses against him and to assist in his own defense (see, Drope v. Missouri, 420 U.S. 162; Pate v. Robinson, 383 U.S. 375; People v. Jackson, 88 A.D.2d 604).
We have considered the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Thompson, Brown and Eiber, JJ., concur.