People v. Herring

Memorandum: Defendant appeals from a judgment of conviction arising out of the shooting death of *1066his estranged paramour. We reject his contention that County Court abused its discretion in denying his request, made on the eve of trial, for an adjournment for neurological testing to support his mental incapacity defenses (see, People v Farmer, 198 AD2d 805, 807, lv denied 83 NY2d 804; People v Mims, 156 AD2d 958, 959, lv denied 75 NY2d 968). The court had previously granted adjournments for that purpose. Furthermore, defendant has not shown any prejudice resulting from the denial of his motion…