People v. Lopez
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Michael R. Juviler, J.
This is a decision after a hearing to determine the defendant’s mental competency to stand trial. The defendant has been indicted for sale of cocaine as an A-I felony, and possession of cocaine.
This case raises questions regarding the meaning and constitutionality of the definition of “[qualified psychiatrist” in CPL 730.10 (5). The CPL provides for the examination of a defendant by “two qualified psychiatrists” to determine his ability to understand the proceedings and assist in his defense. (CPL 730.20 [1].) The same definition appears in the…
2Cases cited18 opinions
- Dusky v. United StatesSupreme Court of the United States · 1960
- Giaccio v. PennsylvaniaSupreme Court of the United States · 1965
- Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978
- Fink v. ColeNew York Court of Appeals · 1951
- Burger King, Inc. v. State Tax CommissionNew York Court of Appeals · 1980
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3Cited by2 opinions
- State v. BrickerCourt of Appeals of Maryland · 1990
- People v. VandemarkAppellate Division of the Supreme Court of the State of New York · 1996