Legal Opinion
People v. Breeden
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 1985PublishedCited by 10 opinions
1Opinion of the Court
Appeal by defendant from a judgment of the County Court, Rockland County (Miller, J.), rendered May 1, 1981, convicting him of sodomy in the first degree, sodomy in the second degree and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence.
Judgment affirmed.
At the hearing to determine defendant’s fitness to proceed to trial, the People were required to prove competency by a fair preponderance of the credible evidence (see, People v Santos, 43 AD2d 73). This burden was clearly met through the respective testimony of Dr. Sawi and Dr. Martin, psychiatrists…
2Cases cited5 opinions
- People v. WoodNew York Court of Appeals · 1962
- People v. CarlNew York Court of Appeals · 1978
- People v. SantosAppellate Division of the Supreme Court of the State of New York · 1973
- People v. ButhyAppellate Division of the Supreme Court of the State of New York · 1971
- People v. CarlAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by10 opinions
- People v. PhillipsNew York Court of Appeals · 2011
- People v. AllenAppellate Division of the Supreme Court of the State of New York · 1987
- People v. OramaAppellate Division of the Supreme Court of the State of New York · 1989
- People v. BrowAppellate Division of the Supreme Court of the State of New York · 1998
- People v. MortonAppellate Division of the Supreme Court of the State of New York · 1991
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