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People v. Rodriguez

434 N.E.2d 1340, 56 N.Y.2d 557, 449 N.Y.S.2d 962, 1982 N.Y. LEXIS 3231
CourtNew York Court of Appeals
DecidedMarch 25, 1982
StatusPublished
Cited by10 cases

This text of 434 N.E.2d 1340 (People v. Rodriguez) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Rodriguez, 434 N.E.2d 1340, 56 N.Y.2d 557, 449 N.Y.S.2d 962, 1982 N.Y. LEXIS 3231 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We cannot say on the facts of this case that the Trial Judge’s denial of defendant’s application for a second competency hearing was an abuse of discretion as a matter of law, either under CPL 730.30 or 730.60 (subd 2) as it read at the time of defendant’s trial.

The other error alleged, not having been preserved for review by appropriate objection or request for curative instruction, is beyond our power of review.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
434 N.E.2d 1340, 56 N.Y.2d 557, 449 N.Y.S.2d 962, 1982 N.Y. LEXIS 3231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodriguez-ny-1982.