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Legal Opinion

People v. Valentino

New York County Courts

Decided June 13, 1974PublishedCited by 18 opinions

1Opinion of the CourtBernard Tomson, J.

Following a psychiatric examination pursuant to CPL 730.30 (subd. 1), two psychiatrists reported to this court that the defendant was competent to stand trial. The defendant exercised his prerogative under CPL 730.30 (subd. 2) and a hearing was held on April 16, 1974. The two psychiatrists from the Nassau County Medical Center who had conducted the examination testified that the defendant was not an “ incapacitated person ” within the meaning of CPL 730.10 (subd. 1). A psychiatrist called by the defendant testified that he found the defendant to be incapacitated.

“ ‘ Incapacitated person ’…

2Cases cited13 opinions

  1. Powell v. AlabamaSupreme Court of the United States · 1932
  2. Dusky v. United StatesSupreme Court of the United States · 1960
  3. Freeman v. PeopleNew York Supreme Court · 1847
  4. Wieter v. SettleDistrict Court, W.D. Missouri · 1961
  5. People ex rel. Butler v. McNeillNew York Supreme Court · 1961

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3Cited by18 opinions

  1. People v. ReasonNew York Court of Appeals · 1975
  2. People v. PicozziAppellate Division of the Supreme Court of the State of New York · 1984
  3. Hirschfeld v. StoneDistrict Court, S.D. New York · 2000
  4. People v. GansNew York Supreme Court · 1983
  5. People v. MortonAppellate Division of the Supreme Court of the State of New York · 1991

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