Legal Opinion
People v. Rivera
New York Supreme Court
Decided November 24, 1981PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Benjamin Altman, J.
Who has the burden of proof in an incompetency hearing to determine whether an amnesiac defendant can have a fair trial? In a straight competency hearing the People, by a preponderance, have the burden of showing that the defendant is competent. (People v Veda, 73 Misc 2d 857; People v Sanchez, 86 Misc 2d 81; People v Santos, 43 AD2d 73.)
However, in a hearing in the nature of a competency hearing to determine whether the amnesiac defendant can have a fair trial the burden shifts.
In this case the defendant was indicted for the crime of murder in the…
2Cases cited4 opinions
- People v. FrancabanderaNew York Court of Appeals · 1974
- People v. SantosAppellate Division of the Supreme Court of the State of New York · 1973
- People v. VedaCriminal Court of the City of New York · 1973
- State v. JohnsonArizona Supreme Court · 1975