Legal Opinion
People v. Tortorici
New York Court of Appeals
Decided February 18, 1999PublishedCited by 189 opinions
1Opinion of the Court
*759OPINION OF THE COURT
Chief Judge Kaye.
Article 730 of the Criminal Procedure Law sets out the procedures courts of this State must follow in order to prevent the criminal trial of a defendant “who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense” (CPL 730.10 [1]). The central issue on this appeal is whether the trial court abused its discretion as a matter of law by failing, on its own, to order a competency hearing under article 730. We hold that it did not, and therefore affirm the order of the Appellate Division,…
2Cases cited8 opinions
- Pate v. RobinsonSupreme Court of the United States · 1966
- Drope v. MissouriSupreme Court of the United States · 1975
- People v. ArmlinNew York Court of Appeals · 1975
- People v. MorganNew York Court of Appeals · 1995
- People v. GenslerNew York Court of Appeals · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by189 opinions
- People v. MendezNew York Court of Appeals · 2003
- People v. PhillipsNew York Court of Appeals · 2011
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2008
- People v. Yu-Jen ChangAppellate Division of the Supreme Court of the State of New York · 2012
- People v. CipollinaAppellate Division of the Supreme Court of the State of New York · 2012
184 more not listed; retrieve them via the Exa API.