X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

  Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Kevin B. McGrath, J.), rendered May 1, 2014, after a jury trial, convicting him of two counts each of petit larceny and criminal possession of stolen property in the fifth degree, and imposing sentence. PER CURIAM Judgment of conviction (Kevin B. McGrath, J.), rendered May 1, 2014, affirmed. The trial court providently exercised its discretion in denying defendant’s request for a CPL article 730 competency examination, which was made for the first time after the verdict (see Pate v. Robinson, 383 US 375 [1966]; People v. Phillips, 16 NY3d 510, 517-518 [2011]; People v. Tortorici, 92 NY2d 757, 766 [1999], cert denied 528 US 834 [1999]; People v. Morgan, 87 NY2d 878, 881 [1995]). Nor did the court abuse its discretion in failing to order, sua sponte, a competency hearing during the trial. The determination of whether to order a competency hearing lies within the sound discretion of the trial court (see People v. Tortorici, 92 NY2d at 766), and here, nothing in the record suggests that, because of a “mental disease or defect” (CPL 730.10[1]), defendant was unable to assist in his own defense or to understand the proceedings against him (see People v. Rizzuto, 167 AD3d 531 [2018], lv denied 33 NY3d 980 [2019]). On the contrary, the record shows that the self-represented defendant, who had the assistance of a legal advisor, actively and lucidly participated in pretrial proceedings and the trial (see People v. McCray, 165 AD3d 595, 596 [2018], lv denied 32 NY3d 1175 [2019]), including, but not limited to, requesting additional discovery, making coherent opening and closing statements, making objections to testimony, some of which were sustained, cross-examining the People’s witnesses, and making motions (see People v. Jefferson, 74 AD3d 670 [2010], lv denied 15 NY3d 921 [2010]; People v. Mendez, 306 AD2d 143 [2003], lv denied 100 NY2d 622 [2003]). We also accord “substantial deference” (People v. Phillips, 16 NY3d 510, 517 [2011]), to the court’s conclusion that defendant’s statement during jury selection that he “felt unfit” to proceed, along with the court’s comment that defendant seemed “a little delirious,” concerned an isolated incident where defendant stated that he failed to receive pain medication for his leg. On that occasion, the court halted the proceedings and communicated with the Department of Corrections to ensure that defendant received his medication. Defendant returned to court the next day stating that he had received his pain medication and was able to proceed. Thereafter, he actively participated in the proceedings without complaint, and as the court stated in denying defendant’s posttrial motion, “was competent to stand trial.” THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More

Skolnick Legal Group, P.C., a construction and commercial litigation firm with offices in New Jersey and New York is seeking a Litigation As...


Apply Now ›

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›