Legal Opinion

People v. Lopez

New York Supreme Court

Decided January 14, 1985PublishedCited by 2 opinions

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

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. Giaccio v. PennsylvaniaSupreme Court of the United States · 1965
  3. Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978
  4. Fink v. ColeNew York Court of Appeals · 1951
  5. Burger King, Inc. v. State Tax CommissionNew York Court of Appeals · 1980

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3Cited by2 opinions

  1. State v. BrickerCourt of Appeals of Maryland · 1990
  2. People v. VandemarkAppellate Division of the Supreme Court of the State of New York · 1996

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