People v. Rivera

241 A.D.2d 301, 659 N.Y.S.2d 468, 1997 N.Y. App. Div. LEXIS 7013

Opinion

County (Robert Straus, J.), rendered July 13, 1995, convicting defendant, after a nonjury trial, of petit larceny, criminal possession of stolen property in the fifth degree and criminal possession of a controlled substance in the seventh degree, and sentencing him to concurrent prison terms of 1 year, unanimously affirmed.

The verdict was supported by legally sufficient evidence (People v Contes, 60 NY2d 620) and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495), since there was ample evidence that defendant took several videotapes belonging to his mother without her consent. The court properly exercised its discretion in denying defense counsel’s request for a new competency examination for defendant, who had previously been found competent (see, People v Morgan, 87 NY2d 878). The court properly relied on its own observations, including defendant’s responses to inquiries by the court (see, People v Gensler, 72 NY2d 239), particularly in light of defendant’s psychiatric records showing a likelihood of feigning mental illness for his own advantage. Concur—Murphy, P. J., Milonas, Ellerin, Andrias and Colabella, JJ.