Legal Opinion

People v. Berry

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 2007PublishedCited by 2 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Nassau County (La Pera, J.), rendered February 6, 2006, convicting him of criminal sexual act in the third degree (two counts) and sexual misconduct (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the County Court failed to ascertain his competency to stand trial is without merit. The court ordered a competency examination pursuant to CPL 730.30 (1), and two psychologists found the defendant fit to stand trial. Relying on the report of the pretrial…

2Cases cited4 opinions

  1. People v. TortoriciNew York Court of Appeals · 1999
  2. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2006
  3. People v. FarhnAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. FelixAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by2 opinions

  1. People v. SulaimanAppellate Division of the Supreme Court of the State of New York · 2015
  2. People ex rel. Berry v. LaClairAppellate Division of the Supreme Court of the State of New York · 2009

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