Opinion
January 13, 1998
Appeal from the Supreme Court, New York County (Franklin Weissberg, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's factual determinations.
The sentencing court properly exercised its discretion ( see, People v. Morgan, 87 N.Y.2d 878; People v. Delgado, 202 A.D.2d 299, 300, lv denied 83 N.Y.2d 966) in declining to order another competency examination for defendant, since there was no showing that his ability to assist in his defense or to understand the nature of the proceedings had become impaired since the pretrial determination of competency.
Concur — Sullivan, J.P., Milonas, Ellerin, Nardelli and Mazzarelli, JJ.