Legal Opinion

Mollen v. Mathews

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

Decided May 18, 2000PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Mercure, J.

Based upon evidence that on November 19, 1995 respondent *44Francis X. Martin discharged a shotgun in the direction of another person, he was arrested and ultimately indicted for reckless endangerment in the first degree, a class D felony, in violation of Penal Law § 120.25. On December 5, 1995, respondent Broome County Judge ordered a psychiatric examination to determine Martin’s capacity to stand trial. Following his examination, clinical psychologist Joseph McCann issued a report stating his opinion that Martin’s “delusional thinking and circumstantial thought…

2Cases cited15 opinions

  1. Jackson v. IndianaSupreme Court of the United States · 1972
  2. Rush v. MordueNew York Court of Appeals · 1986
  3. Holtzman v. GoldmanNew York Court of Appeals · 1988
  4. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  5. La Rocca v. LaneNew York Court of Appeals · 1975

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3Cited by9 opinions

  1. People v. SurdisAppellate Division of the Supreme Court of the State of New York · 2010
  2. Heckstall v. McGrathAppellate Division of the Supreme Court of the State of New York · 2005
  3. Briggs v. HalloranAppellate Division of the Supreme Court of the State of New York · 2004
  4. Cosgrove v. WardAppellate Division of the Supreme Court of the State of New York · 2008
  5. Matter of Clegg v. RoundsAppellate Division of the Supreme Court of the State of New York · 2023

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