People v. Marasa

—Judgment unanimously affirmed. Memorandum: We previously held this case, reserved decision and remitted the matter to Monroe County Court to determine whether sufficient evidence could be developed at a reconstruction hearing concerning “defendant’s mental capacity at the time of trial and, if so, to determine whether defendant was competent to stand trial” (People v Marasa, 270 AD2d 902, 903). The record supports the court’s determination following the reconstruction hearing that the People sustained their burden of demonstrating by a fair preponderance of the evidence defendant’s…