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People v. Wagner

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1993
194 A.D.2d 341 (N.Y. App. Div. 1993)

Opinion

June 8, 1993

Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).


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 A.D.2d 453, lv dismissed 73 N.Y.2d 923). The record supports the trial court's determination that defendant was not an incompetent witness (see, People v. Parks, 41 N.Y.2d 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.


Summaries of

People v. Wagner

Appellate Division of the Supreme Court of New York, First Department
Jun 8, 1993
194 A.D.2d 341 (N.Y. App. Div. 1993)
Case details for

People v. Wagner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AUGUSTO WAGNER…

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

Date published: Jun 8, 1993

Citations

194 A.D.2d 341 (N.Y. App. Div. 1993)
598 N.Y.S.2d 954