People v. Dowling
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtGarry, J.
We reject defendant’s contention that County Court erred in not conducting a competency hearing pursuant to CPL 730.30. “A defendant is presumed to be competent and is not entitled, as a matter of law, to a competency examination unless the court has reasonable grounds to believe that the defendant, due to some mental disease or defect, is incapable of understanding the proceedings against him or her” (People v Woodard, 17 AD3d 929, 930 [2005], lv denied 5 NY3d 811 [2005] [citations omitted]). Although defendant unquestionably suffered a traumatic brain injury in the accident, he gave…
2Cases cited8 opinions
- BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
- People v. DaleyAppellate Division of the Supreme Court of the State of New York · 2003
- People v. WaltsAppellate Division of the Supreme Court of the State of New York · 2006
- People v. WoodardAppellate Division of the Supreme Court of the State of New York · 2005
- People v. CeroneAppellate Division of the Supreme Court of the State of New York · 2010
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- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2016
- People v. TredeauAppellate Division of the Supreme Court of the State of New York · 2014
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