[DOWNLOAD] "People State New York v. Louis N. Warren" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Louis N. Warren
- Author : Supreme Court of New York
- Release Date : January 29, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
In our opinion defendant's commitment to Dannemora State Hospital four months after judgment is sufficient to warrant a hearing
when considered with the allegations of the petition that defendant had refused a psychiatric examination; defendant was confined
to a mental institution in Baltimore in 1963; and he suffered a nervous breakdown in the Orange County jail while awaiting
trial (People v. Boundy, 10 N.Y.2d 518; People v. Frampton, 31 A.D.2d 551). It must first be determined, after a hearing,
if defendant is currently sane before proceeding to determine sanity at the times of trial and sentence (People v. Booth,
17 N.Y.2d 681; People v. Cossentino, 14 N.Y.2d 750). The hearing herein should be held before a Judge other than the one who
presided at the trial (People v. Hudson, 19 N.Y.2d 137; People v. Frampton, supra ; People v. Jenkins, 29 A.D.2d 681). Disposition Order reversed, on the law, and proceeding remitted to the County Court for the purpose of holding a hearing
to determine defendant's current sanity and, in the event that defendant is sane and capable of understanding the proceedings,
for a further hearing to determine his sanity at the time of trial and at the time of sentencing, the hearings to be held
before a Judge other than the one who presided at the trial which resulted in the judgment. No findings of fact have been
considered.