People v. Schiavi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment affirmed. Memorandum: After a Bench trial, defendant was convicted of criminal possession of a weapon in the third degree (Penal Law, § 265.02, subd [4]) and unlawful imprisonment in the first degree (Penal Law, § 135.10). Proof that defendant committed the physical elements of the crimes was unrefuted. The sole defense offered was that because of mental disease or defect, defendant was not criminally responsible for his conduct (Penal Law, § 30.05). Two psychiatrists testified at trial that at the time the crimes were committed, defendant was suffering from reactive or…
2Cases cited7 opinions
- People v. WoodNew York Court of Appeals · 1962
- People v. SilverNew York Court of Appeals · 1974
- People v. LancasterAppellate Division of the Supreme Court of the State of New York · 1978
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1980
- People v. BarnesAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by3 opinions
- People v. SchiaviNew York Court of Appeals · 1984
- People v. GladstoneAppellate Division of the Supreme Court of the State of New York · 1985
- People v. MossAppellate Division of the Supreme Court of the State of New York · 1992