People v. Schiavi

Green, J. (dissenting).

I must dissent because the People did not establish defendant’s sanity beyond a reasonable doubt. The charges resulted from an incident at his former girlfriend’s place of employment where he pointed a pistol at her and attempted to take her away in an automobile. When defendant’s father was called to the scene, the defendant turned the gun over to him. The defendant introduced testimony from a board-certified psychiatrist Dr. Kishor Sangani, who had been selected by the prosecution and had examined defendant on two different occasions. His opinion was that at the time…