Legal Opinion
People v. Schaffer
New York Court of Appeals
Decided October 26, 1995PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Were felony charges against a defendant who lacked the capacity to understand the proceedings against him or assist in his own defense properly dismissed in the furtherance of justice pursuant to CPL 210.40? Because New York’s criminal fitness-to-proceed statute (CPL art 730) limits the circumstances in which courts can dismiss indictments against defendants found incompetent to stand trial, we agree with the Appellate Division that an "interest of justice” dismissal was not authorized.
In late May 1991, defendant’s 13-year-old granddaughter, who was born…
2Cases cited9 opinions
- Jackson v. IndianaSupreme Court of the United States · 1972
- People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
- People v. WilliamsNew York Court of Appeals · 1995
- People ex rel. Anonymous v. WaughNew York Supreme Court · 1974
- People v. SaundersAppellate Division of the Supreme Court of the State of New York · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- People v. HudsonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. ColonNew York Court of Appeals · 1995
- People v. LewisNew York Court of Appeals · 2000
- Lovell v. GoodmanAppellate Division of the Supreme Court of the State of New York · 2003
- People v. AnonymousAppellate Division of the Supreme Court of the State of New York · 2001
15 more not listed; retrieve them via the Exa API.