- Bookmark
- Share
- CaseIQ
PEOPLE v. CARTER
Ordered that the judgment is affirmed.
Contrary to the defendant's contention on appeal, the court did not err in concluding, after a hearing, that the defendant was competent to stand trial (see, CPL 730.10). Upon our review of the record, we are satisfied that the People sustained their burden of proving by a preponderance of the credible evidence that the defendant is not an incapacitated person (see, People v Orama, 150 A.D.2d 505).
Moreover, the evidence supports the conclusion that the "defendant's actions * * * `forged a link in the chain of causes which actually brought about the death'" of Edward Garbowski (see, Matter of Anthony M., 63 N.Y.2d 270, 280, quoting People v Stewart, 40 N.Y.2d 692, 697; see also, People v Kane, 213 N.Y. 260; People v Griffin, 80 N.Y.2d 723).
The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).
Finally, we find that the defendant's remaining contention is without merit. Mangano, P.J., Bracken, Sullivan and Lawrence, JJ., concur.
Alert