People v. Moye

Appeal by defendant from a judgment of the Supreme Court, Kings County (Golden, J.), *854rendered November 23, 1981, convicting him of murder in the second degree, after a nonjury trial, and imposing sentence.

Judgment affirmed.

We have reviewed the record and agree with the trial court’s finding that there was no reasonable ground to believe that defendant was an “incapacitated person” as that term is defined in CPL 730.10. Defendant has no history of diagnosed mental illness. His prior institutionalization resulted in a conclusion that he did not have any psychosis. The trial court ascertained by…