PEOPLE v. POLEDORE (2008)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Born POLEDORE, Defendant-Appellant.

Decided: May 01, 2008

LIPPMAN, P.J., GONZALEZ, MOSKOWITZ, ACOSTA, JJ.

Steven Banks, The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Jessica Slutsky of counsel), for respondent.

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered January 4, 2006, convicting defendant, after a jury trial, of criminal possession of stolen property in the fifth degree and sentencing him to a term of 1 year, unanimously affirmed.

The court was not obligated, sua sponte, to order a CPL article 730 examination (see Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 [1966]; People v. Tortorici, 92 N.Y.2d 757, 686 N.Y.S.2d 346, 709 N.E.2d 87 [1999], cert. denied 528 U.S. 834, 120 S.Ct. 94, 145 L.Ed.2d 80 [1999]; People v. Morgan, 87 N.Y.2d 878, 638 N.Y.S.2d 942, 662 N.E.2d 260 [1995] ). Nothing in the record casts doubt on defendant's ability to understand the proceedings or assist in his defense. Defendant's lucid interactions with the court contradicted his claim that any irregularities in the timing or dosage of his psychiatric medication on the day in question rendered him incompetent.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network