People v. Brown

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment entered after a jury trial convicting him of burglary in the third degree (Penal Law § 140.20). Contrary to defendant’s contention, County Court did not abuse its discretion in failing to order a competency examination pursuant to CPL article 730 (see, People v Morgan, 87 NY2d 878, 879). The court here did not have the opinion that defendant was an incapacitated person (see, CPL 730.30 [1]). The decision of the court to order an informal psychological examination was within its discretion, however, and “did not…