People v. Russell

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was convicted, after a bench trial, of burglary in the first degree (Penal Law § 140.30 [2]) and sentenced to an indeterminate term of from 5 to 15 years. Defendant’s conviction was affirmed by order of the Appellate Division.

The question presented by this appeal is whether the Trial Judge abused his discretion in refusing to grant defense counsel’s request for a mental competency examination of the defendant (CPL 730.30 [1]). Defense counsel first requested a competency examination at the close of…