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People v. Rooplall

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


June 8, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
INDRAPAUL ROOPLALL, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered June 13, 2008, convicting him of assault in the first degree (two counts) and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

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.

MARK C. DILLON, J.P., HOWARD MILLER, CHERYL E. CHAMBERS PLUMMER E. LOTT, JJ.

(Ind. No. 2457/06)

DECISION & ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court did not err in determining, after a hearing, that the defendant was competent to stand trial (see CPL 730.10). The burden of proof is on the prosecution to establish a defendant's competence, and the burden requires that fitness to stand trial be established by a preponderance of the evidence (see People v Mendez, 1 NY3d 15, 19; People v Supino, 202 AD2d 454). We are satisfied that the prosecution met its burden and perceive no basis upon which to disturb the Supreme Court's determination.

DILLON, J.P., MILLER, CHAMBERS and LOTT, JJ., concur.

20100608

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