Legal Opinion

People v. Ross

Appellate Division of the Supreme Court of the State of New York

Decided July 14, 1992PublishedCited by 4 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Having been convicted upon a jury verdict of attempted manslaughter in the first degree, assault in the first degree, and criminal use of a firearm in the second degree, defendant argues on appeal that, given his history of mental problems and substance abuse, the court, sua sponte, should have inquired into defendant’s fitness to proceed to trial. We disagree.

Defendant was represented by counsel, who made no request for a competency hearing. At no time during the trial did defense counsel articulate on the record that he was having difficulty…

2Cases cited4 opinions

  1. People v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. SwanAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. DudasikAppellate Division of the Supreme Court of the State of New York · 1985
  4. People v. SterlingAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by4 opinions

  1. People v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. CharnockAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. BereziukAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. GrantAppellate Division of the Supreme Court of the State of New York · 1992

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