People v. Pilbeam

—Judgment unanimously affirmed. Memorandum: Supreme Court properly determined that the testimony of defendant from his first trial could be used to impeach him if he testified at his second trial. The contention that defendant’s competency during the first trial was in dispute is without merit. Because there was no determination that defendant was not competent when he testified at his first trial, he is presumed to have been competent (see, People v Gelikkaya, 197 AD2d 405, lv granted 82 NY2d 924). Moreover, his testimony was not so incoherent or inconsistent that its use at the second trial…