Opinion
November 10, 1986
Appeal from the Monroe County Court, Celli, J.
Present — Callahan, J.P., Denman, Pine, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: When this appeal was previously before our court (People v Wright, 105 A.D.2d 1088), we reserved decision and remitted the matter to the Monroe County Court for a hearing "to reconstruct defendant's mental capacity at the time of trial by means of contemporaneous observations and records." Following the reconstruction hearing, the court concluded that "the evidence adduced showed defendant was competent in the months preceding trial and at the time of trial." We agree that the People met their burden of proving defendant's competence by a fair preponderance of the evidence (see, People v Wright, supra; People v Santos, 43 A.D.2d 73). Since we previously determined that there is no merit to the other issues raised by defendant on appeal (People v Wright, supra), the judgment of conviction is affirmed (see, People v Armlin, 37 N.Y.2d 167; People v Hudson, 19 N.Y.2d 137, cert denied 398 U.S. 944).