Legal Opinion

People v. Rusch

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

Decided January 29, 1990Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Tisch, J.), rendered July 1, 1986, convicting him of conspiracy in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The record indicates that the defendant was examined by two psychiatrists who determined that he was fit to proceed. Under these circumstances, the defendant was not denied the effective assistance of counsel simply because his attorney moved to confirm this determination without requesting a hearing (see, People v Baldi, 54 NY2d 137; People v…

2Cases cited7 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. BaldiNew York Court of Appeals · 1981
  3. People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. AikenNew York Court of Appeals · 1978
  5. People v. StrempackAppellate Division of the Supreme Court of the State of New York · 1987

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