People v. Gelikkaya, 643 N.E.2d 517 (N.Y. 1994). · Go Syfert
People v. Gelikkaya, 643 N.E.2d 517 (N.Y. 1994). Cases Citing This Book View Copy Cite
94 citation events (56 in the last 25 years) across 8 distinct courts.
Strongest positive: People v. Taylor (nyappdiv, 2021-05-20)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
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Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Taylor
N.Y. App. Div. · 2021 · confidence medium
Defense counsel, "'who was in the best position to assess defendant's capacity,'" indicated that they had discussed defendant's mental health and saw no need to raise the issue of his fitness or to request a CPL 730.30 examination ( People v Park , 159 AD3d at 1134, quoting People v Gelikkaya , 84 NY2d 456, 460 [1994]).
discussed Cited as authority (rule) People v. Bickham
N.Y. App. Div. · 2020 · confidence medium
Further, it weighs against a finding of incompetency to stand trial that "[a]t no time during the . . . proceeding did defense counsel, who was in the best position to assess defendant's capacity, raise the issue of defendant's fitness to proceed or request an examination pursuant to CPL 730.30" ( People v Gelikkaya , 84 NY2d 456, 460 [1994]; accord People v Park , 159 AD3d at 1134).
discussed Cited as authority (rule) People v. Thomas
N.Y. App. Div. · 2019 · confidence medium
Under these circumstances, although Supreme Court was right to invoke CPL article 730 when questions arose as to defendant's mental state following trial ( see People v Bangert , 22 NY2d 799, 800 [1968]), it did not abuse its discretion in declining to, upon its own initiative, retroactively investigate whether defendant was competent at the trial itself ( see People v Gelikkaya , 84 NY2d 456, 459-460 [1994]; People v Bilal , 79 AD3d 900, 901-902 [2010], lv denied 16 NY3d 856 [2011]; People v Johnson , 52 AD3d 1040, 1042 [2008], lv denied 11 NY3d 833 [2008]; People v Graham , 272 AD2d 479, 479…
discussed Cited as authority (rule) People v. Perri
N.Y. App. Div. · 2018 · confidence medium
Although a defendant is presumed to be competent to testify before the grand jury ( see People v Gelikkaya , 84 NY2d 456, 459 [1994]; People v Bones , 309 AD2d 1238, 1239 [4th Dept 2003], lv denied 1 NY3d 568 [2003]), here, we conclude that defendant rebutted that presumption.
discussed Cited as authority (rule) People v. Colemanorange (2×)
N.Y. App. Div. · 2017 · confidence medium
The fact that the defendant had been diagnosed with bipolar schizophrenia and was receiving medication did not trigger such a duty of inquiry (see People v Gelikkaya, 84 NY2d 456, 459 [1994]; People v Gensler, 72 NY2d 239, 244 [1988]; People v Thomas, 139 AD3d 986 [2016]).
cited Cited as authority (rule) Merritt v. Rhea
N.Y. App. Div. · 2013 · confidence medium
As a matter of law, respondent was presumptively competent to enter those pleas (see People v Gelikkaya, 84 NY2d 456, 459 [1994]).
cited Cited as authority (rule) Merritt v. Rhea
N.Y. App. Div. · 2013 · confidence medium
As a matter of law, respondent was presumptively competent to enter those pleas (see People v Gelikkaya, 84 NY2d 456, 459 [1994]).
discussed Cited as authority (rule) People v. McCray
N.Y. App. Div. · 2013 · confidence medium
It is well settled that an individual suffering from mental illness may be competent to provide evidentiary testimony at trial (see People v Gelikkaya, 84 NY2d 456, 460 [1994]; People v Rensing, 14 NY2d 210, 213-214 [1964]).
discussed Cited as authority (rule) People v. McCray
N.Y. App. Div. · 2013 · confidence medium
It is well settled that an individual suffering from mental illness may be competent to provide evidentiary testimony at trial (see People v Gelikkaya, 84 NY2d 456, 460 [1994]; People v Rensing, 14 NY2d 210, 213-214 [1964]).
discussed Cited as authority (rule) People v. Miller
N.Y. App. Term. · 2011 · confidence medium
As for the necessity of a reconstruction hearing, a subsequent adjudication of incompetency is not evidence of a lack of competency during the subject period (People v Gelikkaya, 84 NY2d 456, 459-460 [1994]; see e.g.
discussed Cited as authority (rule) People v. Phillips
NY · 2011 · confidence medium
Roth v Zelker, 455 F2d 1105, 1108 [2d Cir 1972] [“The opinion of a defendant’s attorney as to his ability to understand the nature of the proceedings and to cooperate in the preparation of his defense, is indeed significant and probative”]; People v Gelikkaya, 84 NY2d 456, 460 [1994] [defense counsel “was in the best position to assess defendant’s capacity”]; see also People v Jordan, 35 NY2d at 580 ), not only because of her extensive contact with defendant but because of the enormous practical and ethical difficulty of discharging the representational obligations that would be en…
discussed Cited as authority (rule) People v. Fleming
N.Y. App. Div. · 2010 · confidence medium
Accordingly, the court properly concluded that defendant’s submissions on the motion were insufficient to raise an issue as to whether defendant was incompetent at the time of trial (see People v Gelikkaya, 84 NY2d 456, 459-460 [1994]).
discussed Cited as authority (rule) People v. Bilal
N.Y. App. Div. · 2010 · confidence medium
The presumption of competency “cannot be rebutted by a mere showing that the defendant has a history of mental illness” (People v Hansen, 269 AD2d 467, 467 [2000]; see People v Tortorici, 92 NY2d 757, 765 [1999], cert denied 528 US 834 [1999]; People v Morgan, 87 NY2d at 881 ; People v Galea, 54 AD3d 686, 687 [2008]), nor is a subsequent finding of mental illness evidence of a lack of competency during the subject time period (see People v Gelikkaya, 84 NY2d 456, 459-460 [1994]).
discussed Cited as authority (rule) People v. Coons
N.Y. App. Div. · 2010 · confidence medium
Further, a determination that defendant was incapacitated subsequent to his plea is not evidence that defendant was incapacitated at the time of his plea (see generally People v Gelikkaya, 84 NY2d 456, 459-460 [1994]; People v Pena, 251 AD2d 26, 30-31 [1998]).
discussed Cited as authority (rule) People v. Velez
N.Y. App. Div. · 2009 · confidence medium
Contrary to the defendant’s contention, the Supreme Court did not improvidently exercise its discretion in failing, sua sponte, to conduct a competency hearing pursuant to CPL article 730 (see People v Tortorici, 92 NY2d 757, 765 [1999], cert denied 528 US 834 [1999]; People v Gelikkaya, 84 NY2d 456, 459 [1994]).
discussed Cited as authority (rule) People v. Pallonetti
N.Y. App. Div. · 2009 · confidence medium
The defendant’s responses to the court’s inquiries were appropriate, and there is no basis in the record to support the conclusion that the defendant lacked the capacity to understand the proceedings against him, or that he was unable to assist in his defense (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Gelikkaya, 84 NY2d 456, 459-460 [1994]; People v Pryor, 11 AD3d 565, 566 [2004]).
discussed Cited as authority (rule) People v. Simpson
N.Y. App. Div. · 2008 · confidence medium
Contrary to the defendant’s contention, the Supreme Court did not improvidently exercise its discretion in failing, sua sponte, to order a competency examination (see CPL 730.30 [1]; People v Tortorici, 92 NY2d 757, 765 [1999], cert denied 528 US 834 [1999]; People v Gelikkaya, 84 NY2d 456, 459 [1994]; People v Armlin, 37 NY2d 167, 171 [1975]; People v Pryor, 11 AD3d 565 [2004]; People v Gomez, 256 AD2d 356 [1998]).
cited Cited as authority (rule) People v. Morgan
N.Y. App. Div. · 2008 · confidence medium
Under the circumstances of this case, a competency hearing was not required (see CPL 730.30 [1]; People v Gelikkaya, 84 NY2d 456, 459-460 [1994]; People v McCawley, 23 AD3d 1157 [2005] ).
discussed Cited as authority (rule) People v. Scivolette
N.Y. App. Div. · 2007 · confidence medium
A defendant is presumed to be competent, and the court was satisfied that, based on its interaction with the defendant and the available information, there was no basis for questioning the defendant’s capacity to stand trial (see People v Tortorici, 92 NY2d 757, 765 [1999], cert denied 528 US 834 [1999]; People v Morgan, 87 NY2d 878, 880 [1995]; People v Gelikkaya, 84 NY2d 456, 459 [1994]; People v Mathis, 37 AD3d 212 [2007]).
discussed Cited as authority (rule) People v. Mack
N.Y. App. Div. · 2007 · confidence medium
Notably, defendant was presumed to be competent to proceed at the time of his request (see People v Gelikkaya, 84 NY2d 456, 459 [1994])— indeed he was later determined after the hearing not to be incapacitated—and the fact that his competency had been called into question did not provide sufficient, cognizable grounds to deny (or delay) his constitutional right to promptly substitute retained counsel of his choice.
discussed Cited as authority (rule) People v. Monk
N.Y. App. Div. · 2006 · confidence medium
Accordingly, the County Court providently exercised its discretion in declining to, sua sponte, order a competency hearing (see CPL 730.30; People v Tortorici, supra-, People v Gelikkaya, 84 NY2d 456, 459 [1994]; People v Armlin, 37 NY2d 167, 171 [1975]; People v Graham, 272 AD2d 479, 479-480 [2000]).
discussed Cited as authority (rule) People v. Hart
N.Y. App. Div. · 2006 · confidence medium
Defendant’s past history of mental illness alone is not sufficient to trigger a CPL article 730 examination (see People v Tortorici, 92 NY2d 757, 765 [1999], cert denied 528 US 834 [1999]), and the record discloses no other triggering factors (see e.g. id. at 766-767; People v Gelikkaya, 84 NY2d 456, 459-460 [1994]; People v Graham, 272 AD2d 479 [2000], lv denied 95 NY2d 865 [2000]).
discussed Cited as authority (rule) People v. Jordan
N.Y. App. Div. · 2005 · confidence medium
Contrary to the defendant’s contentions, the Supreme Court, which was entitled to rely, inter alia, on its own observations of and interactions with the defendant, providently exercised its discretion in denying the defendant’s repeated applications for competency examinations (see CPL 730.30 [1]; People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Morgan, 87 NY2d 878, 879-880 [1995]; People v Gelikkaya, 84 NY2d 456, 459 [1994]; People v Gensler, 72 NY2d 239, 244 [1988], cert denied 488 US 932 [1988]; People v Boundy, 10 NY2d 518, 521 [1962]; People v S…
discussed Cited as authority (rule) People v. Eherts
N.Y. App. Div. · 2005 · confidence medium
The County Court providently exercised its discretion in declining to, sua sponte, order a competency hearing (see CPL 730.30; People v Tortorici, 92 NY2d 757 [1999], cert denied 528 US 834 [1999]; People v Gelikkaya, 84 NY2d 456, 459 [1994]; People v Armlin, 37 NY2d 167, 171 [1975]; People v Graham, 272 AD2d 479 [2000]).
discussed Cited as authority (rule) People v. Padilla
N.Y. App. Div. · 2005 · confidence medium
Furthermore, the County Court providently exercised its discretion in failing to, sua sponte, order a competency hearing (see CPL 730.30; People v Tortorici, 92 NY2d 757 [1999], cert denied 528 US 834 [1999]; People v Gelikkaya, 84 NY2d 456, 459 [1994]; People v Armlin, 37 NY2d 167, 171 [1975]; People v Graham, 272 AD2d 479 [2000]).
discussed Cited as authority (rule) People v. Ferrer
N.Y. App. Div. · 2005 · confidence medium
Moreover, it is noted that defense counsel did not request a hearing and, as it has been observed, counsel was in the best position to assess defendant’s capacity and request an examination pursuant to CPL 730.30 (2) (see People v Gelikkaya, 84 NY2d 456, 460 [1994]).
discussed Cited as authority (rule) People v. Keebler
N.Y. App. Div. · 2005 · confidence medium
While defendant’s assertion that his mental competency should have been evaluated before his entry of a plea is reviewable notwithstanding his appeal waiver (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Armlin, 37 NY2d 167, 172 [1975]), and was alluded to but not substantiated in his CPL article 440 motion, nothing in defendant’s actions or remarks during the plea colloquy or otherwise in the record called into doubt the presumption of competency (see CPL 730.30 [1]; People v Gelikkaya, 84 NY2d 456, 460 [1994]; People v Armlin, supra at 171 ; People v Kron, supra at 908-909 ).
discussed Cited as authority (rule) People v. Loria
unknown court · 2004 · confidence medium
Given the conduct of defendant at the time of the plea, County Court did not abuse its discretion in accepting his guilty plea without ordering an additional CPL article 730 examination (see People v Gelikkaya, 84 NY2d 456, 459-460 [1994]; People v Gensler, 72 NY2d 239, 245-247 [1988], cert denied 488 US 932 [1988]).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2004 · confidence medium
We further note that “defense counsel, ‘who was in the best position to assess defendant’s capacity,’ did not raise the issue of defendant’s fitness to proceed or request an examination pursuant to CPL 730.30 (2)” (People v Carbonel, 296 AD2d 858 , 858 [2002], quoting People v Gelikkaya, 84 NY2d 456, 460 [1994]).
discussed Cited as authority (rule) In re Erick B.
N.Y.C. Fam. Ct. · 2004 · confidence medium
Our legal system is built upon a presumption of competence and fitness to proceed (People v Gelikkaya, 84 NY2d 456, 459 [1994]), therefore a defendant has the burden of going forward to show some evidence calling into question the presumption of fitness and the capacity to understand the proceedings against him or assist in his defense (People v Vega, 73 Misc 2d 857 [1973]), but it is the prosecutor who has the burden of persuasion and must prove the defendant is not an incapacitated person “by a preponderance of the evidence” (People v Mendez, 1 NY3d 15, 19 [2003]).
discussed Cited as authority (rule) Matter of Erick B.
N.Y. Fam. Ct., Kings Cty. · 2004 · confidence medium
Our legal system is built upon a presumption of competence and fitness to proceed ( People v Gelikkaya , 84 NY2d 456, 459 [1994]), therefore a defendant has the burden of going forward to show some evidence calling into question the presumption of fitness and the capacity to understand the proceedings against him or assist in his defense ( People v Vega , 73 Misc 2d 857 [1973]), but it is the prosecutor who has the burden of persuasion and must prove the defendant is not an incapacitated person "by a preponderance of the evidence" ( People v Mendez , 1 NY3d 15, 19 [2003]).
discussed Cited as authority (rule) People v. Bones (2×)
N.Y. App. Div. · 2003 · confidence medium
However, “[e]ven a mentally ill person may give evidentiary testimony provided that individual has sufficient intelligence to understand the nature of an oath and to give a reasonably accurate account of the circumstances in issue” (People v Gelikkaya, 84 NY2d 456, 460 [1994]).
discussed Cited as authority (rule) Johnson v. Keane
S.D.N.Y. · 1997 · confidence medium
Roth v. Zelker, 455 F.2d at 1108 (the “opinion of a defendant’s attorney as to his ability to understand the nature of the proceedings and to cooperate in the preparation of his defense, is indeed significant and probative.”); People v. Morgan, 87 N.Y.2d at 880 , 638 N.Y.S.2d at 943-44 , 662 N.E.2d at 261-62 (counsel’s opinion is a factor but it does not “serve as an automatic substitute for the court’s statutory discretion”); People v. Gelikkaya, 84 N.Y.2d 456, 460 , 618 N.Y.S.2d 895, 897 , 643 N.E.2d 517, 519 (1994) (noting that “defense counsel ... was in the best position t…
discussed Cited "see" People v. Park
N.Y. App. Div. · 2018 · signal: see · confidence high
Although the record confirms that defendant had been an inpatient at various psychiatric treatment facilities and was diagnosed with certain mental disorders following the 2012 assault on his father, "[a] trial court is not required to hold a CPL article 730 hearing simply because a defendant has a history of mental illness, and such a history does not necessarily render a defendant incompetent to enter a knowing and voluntary plea" ( People v Barclay , 1 AD3d 705 , 706 [2003] [internal citations omitted], lv denied 1 NY3d 567 [2003]; accord People v Tafari , 90 AD3d 1341, 1342 [2011], lv deni…
discussed Cited "see" People v. Chicherchia
N.Y. App. Div. · 2011 · signal: see · confidence high
“Moreover, [we] note[ ] that defense counsel did not request a hearing and, as it has been observed, [defense] counsel was in the best position to assess defendant’s capacity and request an examination” pursuant to CPL 730.30 (People v Ferrer, 16 AD3d 913, 914 [2005], Iv denied 5 NY3d 788 [2005]; see People v Gelikkaya, 84 NY2d 456, 460 [1994]).
discussed Cited "see" CHICHERCHIA, MICHAEL T., PEOPLE v
N.Y. App. Div. · 2011 · signal: see · confidence high
“Moreover, [we] note[] that defense counsel did not request a hearing and, as it has been observed, [defense] counsel was in the best position to assess defendant’s capacity and request an examination” pursuant to CPL 730.30 (People v Ferrer, 16 AD3d 913, 914 , lv denied 5 NY3d 788 ; see People v Gelikkaya, 84 NY2d 456, 460 ).
discussed Cited "see" People v. Jermain
N.Y. App. Div. · 2008 · signal: see · confidence high
“Moreover, it is noted that defense counsel did not request a hearing and, as it has been observed, [defense] counsel was in the best position to assess defendant’s capacity and request an examination pursuant to CPL 730.30 (2)” (People v Ferrer, 16 AD3d 913, 914 [2005], lv denied 5 NY3d 788 [2005]; see People v Gelikkaya, 84 NY2d 456, 460 [1994]).
discussed Cited "see" People v. Carbonel
N.Y. App. Div. · 2002 · signal: see · confidence high
Although a discharge summary from a hospital indicated that defendant had a history of mental illness in the years 1980 and 1999, that prior history “does not in itself call into question defendant’s competence” at the time of the plea or at sentencing, both of which occurred over a year after the last reported episode of mental illness in 1999 (People v Tortorici, 92 NY2d 757, 765 , cert denied 528 US 834 ; see People v Gelikkaya, 84 NY2d 456, 459-460 ).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Ali Riza Gelikkaya, Appellant
New York Court of Appeals.
Dec 1, 1994.
643 N.E.2d 517
1994 N.Y. LEXIS 4112
POINTS OF COUNSEL, Ira Mickenberg, New York City, and Sarah Arnholz for appellant., Robert M. Morgenthau, District Attorney of New York County, New York City (Tami J. Aisenson and Morrie I. Kleinbart of counsel), for respondent.
Ciparick.
Cited by 67 opinions  |  Published

OPINION OF THE COURT

Ciparick, J.

After a jury trial, defendant was convicted of attempted murder in the second degree. On this appeal, defendant challenges the prosecution’s use of portions of his Grand Jury testimony to impeach him on cross-examination. Although defendant concedes that he voluntarily waived his immunity and testified before the Grand Jury, he argues that the Trial Judge improperly admitted his Grand Jury testimony because it was given when he was incompetent, rendering the testimony inherently unreliable and inadmissible. We conclude that the Trial Judge, in the exercise of his discretion, properly[*458] denied the motion in limine and admitted defendant’s Grand Jury testimony for the limited purpose of impeachment.

On February 19, 1988, defendant was arrested in connection with his involvement in a skirmish in a lower Manhattan mosque. Defendant allegedly lunged at the spiritual leader of the mosque, yelling "I will kill you,” and punched him. A group of worshippers purportedly restrained defendant, who then retrieved a knife concealed in his clothing. While lashing out at the individuals restraining him, defendant struck the complainant in his forearm and lower back, causing injuries which required medical attention.

On February 22, 1988, defendant appeared in Criminal Court with counsel, and was arraigned on a felony complaint charging him with attempted murder in the second degree (Penal Law §§ 110.00, 125.25), assault in the second degree (Penal Law § 120.05 [2]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]). During this proceeding, defendant advised the court of his intent to testify before the Grand Jury. Defendant’s competence was not raised as an issue at this time.

Two days later, defendant appeared before the Grand Jury, accompanied by counsel and an interpreter. Defendant proceeded to waive his immunity. The prosecutor, however, directed defendant to confer with his attorney before accepting the waiver and testimony. After a 20-minute conference with his counsel outside the presence of the Grand Jury, defendant swore that his waiver was voluntary and that he wished to testify (see, CPL 190.45 [2]). At no time was defendant’s competency or the voluntariness of his waiver or testimony in issue. The Grand Jury returned an indictment charging defendant with one count of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and assault in the second degree (Penal Law § 120.05 [2]).

At the March 14, 1988 arraignment on the indictment, the trial court entered a plea of not guilty on behalf of defendant, who appeared with counsel. Now, for the first time, the issue of defendant’s competency was raised, and the trial court ordered that defendant undergo a competency examination pursuant to CPL 730.30. Approximately three weeks later, two psychiatrists independently determined that defendant was suffering from a psychiatric disorder that deprived him of the capacity to understand the proceedings against him or to assist in his own defense. The trial court executed an order[*459] committing defendant for treatment. Fifteen months later, after a regimen of medication and counselling, defendant was declared fit to proceed. Eight months thereafter, defendant’s trial commenced.

At the trial, four eyewitnesses testified to the circumstances of the skirmish. Before defendant took the stand on his own behalf, defense counsel moved to preclude use of the Grand Jury testimony to impeach defendant because of defendant’s alleged incompetency at the time of that proceeding. Counsel argued that defendant’s Grand Jury testimony was not rational and, at that time, defendant was unable to rely on his advice. In fact, defendant testified before the Grand Jury despite his counsel’s advice to the contrary. Counsel further asserted that defendant had expressed his distrust of the interpreter assigned to assist him before the Grand Jury, whom he had just met, a sentiment counsel indicated defendant harbored against him, as well. The Trial Judge denied the motion, and the People introduced portions of the Grand Jury testimony that were inconsistent with defendant’s trial testimony on several minor points.

The jury returned a verdict convicting defendant of attempted murder in the second degree. Thereafter, the trial court sentenced defendant to an indeterminate prison sentence of 8 to 24 years.

The Appellate Division affirmed the conviction and sentence, rejecting defendant’s argument that his Grand Jury testimony was involuntary and inadmissible for any purpose (see, People v Gelikkaya, 197 AD2d 405). A Judge of this Court granted leave to appeal, and we now affirm.

Defendant’s appeal is premised on the ground that he was incompetent at the time he appeared before the Grand Jury, and was therefore unable to understand the proceedings or to rationally consult with counsel at the time he waived his immunity and testified before the Grand Jury. As there exists a presumption of sanity, " '[s]anity being the normal and usual condition of mankind’ ” (People v Silver, 33 NY2d 475, 481, citing Brotherton v People, 75 NY 159, 162; see also, People v Lancaster, 69 NY2d 20, 30, cert denied 480 US 922), defendant is presumed to have been competent at the time of the Grand Jury proceeding. Just as it is an established fact that a prior history of mental imbalance does not in itself prove insanity at the time of judgment (see, People v Boundy, 10 NY2d 518, 521; People v Gensler, 72 NY2d 239, 244, cert [*460] denied 488 US 932), mental illness subsequent to indictment is not evidence of incompetency at the time of the Grand Jury proceeding. Even a mentally ill person may give evidentiary testimony provided that individual has sufficient intelligence to understand the nature of an oath and to give a reasonably accurate account of the circumstances in issue (see, People v Rensing, 14 NY2d 210, 213).

Since the inception of this action, defendant was represented by competent counsel at all times. Defendant was encouraged to consult with counsel both before and during the Grand Jury proceeding, and the transcript reveals that he availed himself of these opportunities. At no time during the Grand Jury proceeding did defense counsel, who was in the best position to assess defendant’s capacity, raise the issue of defendant’s fitness to proceed or request an examination pursuant to CPL 730.30.

At trial, defense counsel’s motion to preclude the admission of the Grand Jury testimony on the ground that defendant was incompetent when he testified before the Grand Jury was denied, and the Trial Judge admitted the testimony strictly for impeachment purposes. By allowing the prosecution to use the testimony for impeachment purposes, the Trial Judge necessarily found that when defendant testified before the Grand Jury he was able to consult with counsel " ' "with a reasonable degree of rational understanding * * * and * * * ha[d] a rational as well as factual understanding of the proceedings against him” ’ ” (People v Francabandera, 33 NY2d 429, 436, citing Denzer, Practice Commentary, McKinney’s Cons Laws of NY, Book 11 A, CPL 730.10, at 332 [1971 ed]). As noted by the Appellate Division, although defendant’s remarks before the Grand Jury were not a model of clarity, the portions of the testimony used by the prosecutor to impeach him were rational responses to the questions posed to him (see, People v Gelikkaya, 197 AD2d, at 406, supra). Thus, neither defendant’s conduct at the Grand Jury proceeding nor the psychiatric examinations conducted subsequent to that time rebutted the presumption that defendant was competent at the time of his Grand Jury testimony.

Once the selected portions of the Grand Jury testimony were used to impeach defendant on cross-examination, the relevant issue became the credibility of defendant’s trial testimony, an issue the jury obviously resolved against defendant (see, People v McElvaine, 125 NY 596, 604). The Trial Judge’s[*461] determination that defendant’s Grand Jury testimony was admissible and reliable to the extent it was voluntary (see, People v Hulls, 76 NY2d 190, 198; Harris v New York, 401 US 222, 225-226) was not an abuse of discretion. There is nothing in the record that suggests defendant did not comprehend the significance of these statements or the nature of the proceeding in which he voluntarily gave this testimony, and it is the Trial Judge who is best equipped to evaluate the admissibility of such testimony.

Accordingly, the order of the Appellate Division should be affirmed.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith and Levine concur.

Order affirmed.