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People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1993
192 A.D.2d 669 (N.Y. App. Div. 1993)

Opinion

April 19, 1993

Appeal from the County Court, Westchester County (West, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention on appeal, the court did not err in concluding, after a hearing, that the defendant was competent to stand trial (see, CPL 730.10). Upon our review of the record, we are satisfied that the People sustained their burden of proving by a preponderance of the credible evidence that the defendant is not an incapacitated person (see, People v Orama, 150 A.D.2d 505).

Moreover, the evidence supports the conclusion that the "defendant's actions * * * `forged a link in the chain of causes which actually brought about the death'" of Edward Garbowski (see, Matter of Anthony M., 63 N.Y.2d 270, 280, quoting People v Stewart, 40 N.Y.2d 692, 697; see also, People v Kane, 213 N.Y. 260; People v Griffin, 80 N.Y.2d 723).

The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).

Finally, we find that the defendant's remaining contention is without merit. Mangano, P.J., Bracken, Sullivan and Lawrence, JJ., concur.


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Apr 19, 1993
192 A.D.2d 669 (N.Y. App. Div. 1993)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES A. CARTER…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 19, 1993

Citations

192 A.D.2d 669 (N.Y. App. Div. 1993)
598 N.Y.S.2d 718

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