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PEOPLE v. FARHN

Appellate Division of the Supreme Court of New York, Second Department.
Dec 23, 2002
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DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court providently exercised its discretion in denying the defendant's applications for further psychiatric examinations pursuant to CPL article 730 to determine his competency (see People v. Tortorici, 92 N.Y.2d 757, cert denied 528 U.S. 834; People v. Gensler, 72 N.Y.2d 239, 244, cert denied 488 U.S. 932; People v. Bannister, 284 A.D.2d 404). The court properly relied upon its own observation of the defendant during the proceedings, as well as the latest psychiatric evaluation of the defendant, which was conducted three months before the commencement of the trial and found the defendant competent to stand trial, in determining that a further examination was unwarranted (see People v. Morgan, 87 N.Y.2d 878; People v. Idlet, 208 A.D.2d 649; People v. Picozzi, 106 A.D.2d 413).

FLORIO, J.P., FRIEDMANN, McGINITY and TOWNES, JJ., concur.