People v. Cossentino

Chief Judge Breitel

(dissenting). I would reverse and order a new trial.

This is a capital case in which the court has the power and the duty to review the facts as well as the law. Hence, the stringent restrictions the court has placed on itself in noncapital cases in reviewing issues of competency at the time of trial are not determinative (see, e.g., People v Reason, 37 NY2d 351, 356, dissenting opn, at pp 359-360; People v Laudati, 35 NY2d 696, 697).

Even in noncapital cases this court has had occasion to reject patently unacceptable expert findings of trial competency, when the record on…