Ordered that the judgment is affirmed.
We agree with the Supreme Court's determination to permit the trial to proceed without first holding a competency hearing pursuant to CPL 730.30. CPL 730.30 (1) provides that "the court wherein the criminal action is pending must issue an order of examination when it is of the opinion that the defendant may be an incapacitated person." "The determination of whether to order a competency hearing lies within the sound discretion...
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