People v. Freshley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Fein, J.
Defendants stand convicted, after a jury trial, of robbery in the second degree. Defendants’ convictions are founded upon events which took place on March 19, 1979 when they, aided by another person, allegedly robbed Steven Daniels.
The issue on appeal has its source in the fact that the complaining witness is mentally retarded and suffers from a speech impediment. At the Wade hearing the court conducted an inquiry as to whether Daniels understood the nature of an oath, the classic inquiry as to whether he was competent to testify. Over objection, the court ruled…
2Cases cited13 opinions
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971
- Wheeler v. United StatesSupreme Court of the United States · 1895
- People v. SugdenNew York Court of Appeals · 1974
- People v. RensingNew York Court of Appeals · 1964
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- People v. PassengerAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BaranekAppellate Division of the Supreme Court of the State of New York · 2001
- People v. GertzAppellate Division of the Supreme Court of the State of New York · 2022
- People v. DudleyAppellate Division of the Supreme Court of the State of New York · 1990
- People v. ReidoutNew York Supreme Court · 1988
6 more not listed; retrieve them via the Exa API.