Legal Opinion · Dissent

People v. Morton

Appellate Division of the Supreme Court of the State of New York

Decided May 23, 1991Published

1Dissent

Yesawich, Jr., J.,

dissents and votes to reverse in a memorandum. Yesawich, Jr., J. (dissenting). I respectfully dissent.

As noted by the majority, a court deciding whether a defendant is competent to stand trial must weigh a variety of factors (see generally, People v Picozzi, 106 AD2d 413, 414), no one of which is determinative. Psychiatric evaluations brought before the court unquestionably must be taken into account. Blind obeisance by the hearing court to psychiatrists’ pronouncements, however, is inappropriate (see, People v Grisset, 118 Misc 2d 450, 453; People v Valentino, 78 Misc 2d…

2Cases cited7 opinions

  1. People v. PicozziAppellate Division of the Supreme Court of the State of New York · 1984
  2. People v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. HudsonNew York Court of Appeals · 1967
  4. People v. Valentino, New York County Courts1974
  5. People v. KestinAppellate Division of the Supreme Court of the State of New York · 1987

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