Legal Opinion

People v. Waller

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 2015No. 15275 448/10Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Michael J. Obús, J.), rendered May 24, 2011, convicting defendant, upon his plea of guilty, of murder in the second degree and two counts of identity theft in the second degree, and sentencing him to an aggregate term of 23 years to life, unanimously affirmed.

The record does not cast doubt on defendant’s competency to stand trial, and the court was not obligated, sua sponte, to order a CPL article 730 examination (see Pate v Robinson, 383 US 375 [1966]; People v Tortorici, 92 NY2d 757 [1999], cert denied 528 US 834 [1999]; People v Morgan, 87 NY2d 878…

2Cases cited4 opinions

  1. Pate v. RobinsonSupreme Court of the United States · 1966
  2. People v. TortoriciNew York Court of Appeals · 1999
  3. People v. MorganNew York Court of Appeals · 1995
  4. People v. MajorsAppellate Division of the Supreme Court of the State of New York · 2010

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