People v. Brow
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: County Court properly determined after a hearing that defendant, although mildly mentally retarded, was not an incapacitated person (see, CPL 730.10 [1]; People v Schwartz, 204 AD2d 973). The People established through the testimony of a psychiatrist and *905psychologist that defendant had the capacity to understand the charges against him and to assist in his defense. The fact that the defense-retained psychologist disagreed with the conclusion of the People’s experts did not compel a determination of incompetence (see, People v Ferguson, 248 AD2d…
2Cases cited11 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. FiumefreddoNew York Court of Appeals · 1993
- People v. ToxeyNew York Court of Appeals · 1995
- People v. O'BrienNew York Court of Appeals · 1982
- People v. SuarezNew York Court of Appeals · 1982
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- People v. StonehamAppellate Division of the Supreme Court of the State of New York · 2008
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