People v. Poledore

Appellate Division of the Supreme Court of New York

People v. Poledore

51 A.D.3d 401, 856 N.Y.S.2d 109

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 1, 2008

StatusPublished

This text of 51 A.D.3d 401 (People v. Poledore) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Poledore, 51 A.D.3d 401, 856 N.Y.S.2d 109 (N.Y. Ct. App. 2008).

Pincite

Opinion

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered January 4, 2006, convicting defendant, after a jury trial, of criminal possession of stolen property in the fifth degree and sentencing him to a term of one year, unanimously affirmed.

The court was not obligated, sua sponte, to order a CPL article 730 examination (see Pate v Robinson, 383 US 375 [1966]; People v Tortorici, 92 NY2d 757 [1999], cert denied 528 US 834 [1999]; People v Morgan, 87 NY2d 878 [1995]). Nothing in the record casts doubt on defendant’s ability to understand the proceedings or assist in his defense. Defendant’s lucid interactions with the court contradicted his claim that any irregularities in the timing or dosage of his psychiatric medication on the day in question rendered him incompetent. Concur—Lippman, P.J., Gonzalez, Moskowitz and Acosta, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered January 4, 2006, convicting defendant, after a jury trial, of criminal possession of stolen property in the fifth degree and sentencing him to a term of one year, unanimously affirmed.

The court was not obligated, sua sponte, to order a CPL article 730 examination (see Pate v Robinson, 383 US 375 [1966]; People v Tortorici, 92 NY2d 757 [1999], cert denied 528 US 834 [1999]; People v Morgan, 87 NY2d 878 [1995]). Nothing in the record casts doubt on defendant’s ability to understand the proceedings or assist in his defense. Defendant’s lucid interactions with the court contradicted his claim that any irregularities in the timing or dosage of his psychiatric medication on the day in question rendered him incompetent. Concur—Lippman, P.J., Gonzalez, Moskowitz and Acosta, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

51 A.D.3d 401, 856 N.Y.S.2d 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-poledore-nyappdiv-2008.

Opinion

Related

Cite This Page — Counsel Stack