Legal Opinion
People v. McCabe
New York County Courts
Decided August 7, 1973PublishedCited by 3 opinions
1Opinion of the CourtJohn S. Lockman, J.
Upon receipt of a report pursuant to CPL 730.30 declaring the defendant dangerously incompetent, the defense moved for a jury to determine the issue of dangerousness at the hearing provided for in CPL 730.30 (subd. 2).
The defense relies upon Jackson v. Indiana (406 U. S. 715) and Gomez v. Miller (341 F. Supp. 323, affd. 412 F. 2d 914, 13 Crim. L. Bull. 4057).
Jackson held that it was unconstitutional to indefinitely commit an accused solely because of1 mental incapacity to stand *1061trial. The court stated (p. 738): “ We hold, consequently, that a person charged by a State with a criminal offense…
2Cases cited7 opinions
- Jackson v. IndianaSupreme Court of the United States · 1972
- Gomez v. MillerDistrict Court, S.D. New York · 1972
- Accardi v. BlackwellCourt of Appeals for the Fifth Circuit · 1969
- People v. MeteskyNew York Supreme Court · 1972
- People v. SeraNew York Supreme Court · 1972
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In re RoseNew York Supreme Court · 1981
- In re TuckerNew York Supreme Court · 1989
- People v. McCabe, New York County Courts1973