Legal Opinion
People v. Grisset
New York Supreme Court
Decided March 21, 1983PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Cornelius J. O’Brien, J.
During a competency hearing conducted pursuant to CPL 730.30 (subd 4) the defendant was voir dired by the court over objection by defense counsel. The issue at bar is whether this questioning of an unsworn defendant, in order to assist the court in determining the defendant’s fitness to proceed, violated his constitutional rights under the Fifth Amendment to the United States Constitution and section 6 of article I of the New York State Constitution.
The facts, insofar as pertinent, are as follows:
On May 2, 1982, the defendant was arraigned in…
2Cases cited12 opinions
- In Re GAULTSupreme Court of the United States · 1967
- Dusky v. United StatesSupreme Court of the United States · 1960
- Estelle v. SmithSupreme Court of the United States · 1981
- New Jersey v. PortashSupreme Court of the United States · 1979
- Lee v. County Ct. of Erie CountyNew York Court of Appeals · 1971
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3Cited by4 opinions
- People v. BollingAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MortonAppellate Division of the Supreme Court of the State of New York · 1991
- People v. Vallen, New York County Courts1985
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1994