Legal Opinion
People v. Johnson
Appellate Division of the Supreme Court of the State of New York
Decided September 20, 2011PublishedCited by 4 opinions
1Opinion of the Court
The Supreme Court did not err in failing to order a competency hearing. A defendant is presumed to be competent, and there is no basis in the record to conclude that, at the time the defendant entered his plea of guilty, he lacked the capacity to understand the proceedings against him or was unable to assist in his defense (see CPL 730.10 [1]; People v Morgan, 87 NY2d 878, 880 [1995]; People v Gensler, 72 NY2d 239, 243-246 [1988], cert denied 488 US 932 [1988]; People v Batista, 82 AD3d 1113, 1114 [2011]; People v Shaffer, 81 AD3d 989 [2011]; People v Gallo, 73 AD3d 804, 804-805 [2010]). The…
2Cases cited9 opinions
- People v. MorganNew York Court of Appeals · 1995
- People v. GenslerNew York Court of Appeals · 1988
- People v. PryorAppellate Division of the Supreme Court of the State of New York · 2004
- People v. M'LadyAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HansenAppellate Division of the Supreme Court of the State of New York · 2000
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. PelaezAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SulaimanAppellate Division of the Supreme Court of the State of New York · 2015
- People v. MurrayAppellate Division of the Supreme Court of the State of New York · 2020
- People v. PelaezAppellate Division of the Supreme Court of the State of New York · 2012