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People v. Veneziano

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 26, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
RICHARD VENEZIANO, DEFENDANT-APPELLANT.

Judgment of resentence, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered December 14, 2006, convicting defendant, after a hearing, of violation of probation, and resentencing him to a term of 1 to 4 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Friedman, J.P., Sweeny, Nardelli, Acosta, Richter, JJ.

2283/05

The court was under no obligation to order a CPL article 730 examination sua sponte (see People v Tortorici, 92 NY2d 757 [1999], cert denied 528 US 834 [1999]). The information before the court concerning defendant's mental condition did not suggest that he was unable to understand the proceedings or assist in his defense.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090526

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