People v. Moore

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of criminal possession of a weapon in the third degree, defendant, who was "mildly retarded,” contends that, although before trial he was found fit to proceed by two examiners pursuant to a CPL 730.30 order of examination, the court, sua sponte, should have ordered, during trial or sentencing, a hearing or a further psychiatric examination on the issue of his competency to proceed. He contends that the court’s failure to act deprived him of due process. Although this issue is unpreserved, it may be raised for…