Opinion
June 13, 1991
Appeal from the Supreme Court, New York County, Clifford Scott, J.
Defendant was convicted by a jury of the fatal beating, with a rock, of a wheelchair-bound, elderly man. At sentencing, the trial court denied defense counsel's request for an adjournment to conduct a psychiatric evaluation of defendant in aid of sentence. The trial court had ample opportunity to observe defendant's demeanor during the course of the trial, and to conclude that such an examination was unnecessary.
Given the heinous nature of the crime, and the fact that defendant accepted no responsibility for his action, the maximum sentence imposed was not harsh and excessive under the circumstances.
Concur — Sullivan, J.P., Carro, Rosenberger, Asch and Kassal, JJ.