Legal Opinion

People v. Sims

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

Decided July 14, 1995PublishedCited by 8 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred by failing to follow the requirements of CPL article 730 to determine whether defendant was competent to stand trial at the time his plea was entered. The record reveals that the court was not "of the opinion that defendant may be an incapacitated person” and it was not, therefore, obligated to issue an order of examination or otherwise to comply with CPL article 730 (CPL 730.30 [1]). The determination to order an informal evaluation by the court clinic was within the court’s discretion…

2Cases cited4 opinions

  1. People v. ArmlinNew York Court of Appeals · 1975
  2. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. ColeAppellate Division of the Supreme Court of the State of New York · 1989
  4. People v. ClaudioAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by8 opinions

  1. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1998
  2. People v. OrtizAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. ConfortiAppellate Division of the Supreme Court of the State of New York · 1999
  4. People v. CooperAppellate Division of the Supreme Court of the State of New York · 1996
  5. People v. MaileyAppellate Division of the Supreme Court of the State of New York · 1999

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