From Casetext: Smarter Legal Research

People v. Berry

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2007
45 A.D.3d 693 (N.Y. App. Div. 2007)

Opinion

November 13, 2007.

Appeal by the defendant from a judgment of the County Court, Nassau County (La Pera, J.), rendered February 6, 2006, convicting him of criminal sexual act in the third degree (two counts) and sexual misconduct (two counts), upon a jury verdict, and imposing sentence.

Before: Rivera, J.P., Skelos, Fisher and Angiolillo, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's contention that the County Court failed to ascertain his competency to stand trial is without merit. The court ordered a competency examination pursuant to CPL 730.30 (1), and two psychologists found the defendant fit to stand trial. Relying on the report of the pretrial examination conducted less than two months before the trial began, as well as on its own observations of, and interactions with, the defendant, the court providently exercised its discretion in determining that the defendant was fit to proceed, and was not required, under the circumstances presented, to hold a hearing ( see CPL 730.30; People v Tortorici, 92 NY2d 757, 766 [1999], cert denied 528 US 834) or to order an additional competency examination ( see People v Jones, 25 AD3d 809, 810; People v Felix, 2 AD3d 535, 536; People v Farhn, 300 AD2d 599).


Summaries of

People v. Berry

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 2007
45 A.D.3d 693 (N.Y. App. Div. 2007)
Case details for

People v. Berry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMEEK BERRY, Appellant

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

Date published: Nov 13, 2007

Citations

45 A.D.3d 693 (N.Y. App. Div. 2007)
850 N.Y.S.2d 111

Citing Cases

People v. Sulaiman

The court conducted a competency hearing and considered the report of the psychiatrist retained by defense…

People v. Sulaiman

The court conducted a competency hearing and considered the report of the psychiatrist retained by defense…