[Download] "People State New York v. Joseph G. Christopher" by Court of Appeals of New York * eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Joseph G. Christopher
• Author : Court of Appeals of New York
• Release Date : January 05, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 74 KB

Description

[65 N.Y.2d 417 Page 420] Opinion OF THE COURT A defendant found to lack capacity to participate in his own defense and committed for care and treatment, who is thereafter determined by the superintendent of the institution to which committed to be no longer incapacitated, has the right to present expert testimony during the hearing held pursuant to CPL 730.30 (2) following the superintendent's report. Nothing in CPL 730.30 (2) or 730.60 (2) authorizes the hearing court to refuse to hear expert testimony other than that of the psychiatrist in charge of defendant during his confinement, nor is it material that defendant himself opposes the demand of his attorneys for such a hearing. The order of the Appellate Division should, therefore, be reversed and the matter remitted to Supreme Court, Erie County, for a new hearing to ascertain defendant's capacity to assist in his own defense and, if he is found to have such capacity, for a new trial on all three counts of murder in the second degree of which he was convicted.

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