Legal Opinion

People v. Peterson

New York Court of Appeals

Decided December 20, 1976PublishedCited by 17 opinions

1Opinion of the Court

Memorandum. Order of the Appellate Division reversed, the judgment vacated, and a new trial ordered. The trial court abused its discretion by denying several applications for a psychiatric examination of defendant’s capacity to stand trial (CPL 730.30, subd 1). At trial, defendant made several incoherent outbursts, which, taken together, placed defendant’s competence in doubt. The District Attorney concedes that there should be a hearing to determine defendant’s competence at trial, but resists the ordering of a new trial. A new trial must be ordered because with the passage of time, it has…

2Cases cited7 opinions

  1. Dusky v. United StatesSupreme Court of the United States · 1960
  2. Pate v. RobinsonSupreme Court of the United States · 1966
  3. Drope v. MissouriSupreme Court of the United States · 1975
  4. People v. HudsonNew York Court of Appeals · 1967
  5. People v. GonzalezNew York Court of Appeals · 1967

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3Cited by17 opinions

  1. People v. MalloyNew York Court of Appeals · 1982
  2. People v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. WhisbyNew York Court of Appeals · 1979
  4. People v. PenaAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. GaleaAppellate Division of the Supreme Court of the State of New York · 2008

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