People v. Wagner

Appellate Division of the Supreme Court of New York

People v. Wagner

194 A.D.2d 341, 598 N.Y.S.2d 954, 1993 N.Y. App. Div. LEXIS 5546

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

DecidedJune 8, 1993

StatusPublished

This text of 194 A.D.2d 341 (People v. Wagner) 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. Wagner, 194 A.D.2d 341, 598 N.Y.S.2d 954, 1993 N.Y. App. Div. LEXIS 5546 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered November 16, 1989, convicting defendant, after jury trial, of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree, and sentencing him to two concurrent terms of 25 years to life, unanimously affirmed.

Contrary to defendant’s argument, the trial court properly relied upon the competency examinations conducted shortly before trial, as well as its own observations of defendant, in denying trial counsel’s mid-trial application for an additional competency examination (see, People v Kestin, 134 AD2d 453, lv dismissed 73 NY2d 923). The record supports the trial court’s determination that defendant was not an incompetent witness (see, People v Parks, 41 NY2d 36, 46).

We have reviewed defendant’s additional arguments and find them to be without merit. Concur—Murphy, P. J., Sullivan, Carro, Kupferman and Rubin, JJ.

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

—Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered November 16, 1989, convicting defendant, after jury trial, of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree, and sentencing him to two concurrent terms of 25 years to life, unanimously affirmed.

Contrary to defendant’s argument, the trial court properly relied upon the competency examinations conducted shortly before trial, as well as its own observations of defendant, in denying trial counsel’s mid-trial application for an additional competency examination (see, People v Kestin, 134 AD2d 453, lv dismissed 73 NY2d 923). The record supports the trial court’s determination that defendant was not an incompetent witness (see, People v Parks, 41 NY2d 36, 46).

We have reviewed defendant’s additional arguments and find them to be without merit. Concur—Murphy, P. J., Sullivan, Carro, Kupferman and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

194 A.D.2d 341, 598 N.Y.S.2d 954, 1993 N.Y. App. Div. LEXIS 5546, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-wagner-nyappdiv-1993.

Opinion

Related

Cite This Page — Counsel Stack