Legal Opinion

People v. Kinder

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

Decided February 27, 1987PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Boomer, J.

The principal question posed by this appeal is whether, in a posttrial competency hearing, the attorney-client privilege precludes the court from compelling trial counsel to testify concerning his client’s ability to communicate with counsel and cooperate in his defense. We determine that it does not, and based in part upon the testimony of defendant’s trial counsel, we adopt the hearing court’s finding that defendant was competent to stand trial.

After hearing defendant’s appeal from a judgment convicting him of manslaughter in the first degree, we reserved…

2Cases cited15 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. Priest v. HennessyNew York Court of Appeals · 1980
  3. People v. ArmlinNew York Court of Appeals · 1975
  4. People v. MitchellNew York Court of Appeals · 1983
  5. Matter of Vanderbilt (Rosner-Hickey)New York Court of Appeals · 1982

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3Cited by15 opinions

  1. Wilcoxson v. StateCourt of Criminal Appeals of Tennessee · 1999
  2. State v. MeeksWisconsin Supreme Court · 2003
  3. Manning v. State, Texas Court of Appeals, 5th District (Dallas)1989
  4. State v. MeeksCourt of Appeals of Wisconsin · 2002
  5. Giannicos v. Bellevue Hospital Medical CenterNew York Supreme Court · 2005

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