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People v. Wood

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 521 (N.Y. App. Div. 1998)

Opinion

June 15, 1998

Appeal from the County Court, Dutchess County (Marlow, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not err in concluding, after a hearing, that the defendant was competent to stand trial (see, CPL 730.10). The People sustained their burden of proving by a preponderance of the credible evidence that the defendant was not an incapacitated person (see, People v. Supino, 202 A.D.2d 454; People v. Cox, 196 A.D.2d 596; People v. Santos, 43 A.D.2d 73, 75-76). The hearing court's crediting of the testimony of the People's experts rather than that of the defendant's experts should be accorded great deference (see, People v. Orama, 150 A.D.2d 505, 506).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

O'Brien, J. P., Sullivan, Pizzuto and Joy, JJ., concur.


Summaries of

People v. Wood

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 521 (N.Y. App. Div. 1998)
Case details for

People v. Wood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARYL D. WOOD…

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

Date published: Jun 15, 1998

Citations

251 A.D.2d 521 (N.Y. App. Div. 1998)
673 N.Y.S.2d 600

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