[Download] "People v. Brow" by Appellate Division, Fourth Department, New York Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: People v. Brow
- Author : Appellate Division, Fourth Department, New York Supreme Court
- Release Date : January 13, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Judgment unanimously affirmed. Memorandum: County Court properly determined after a hearing that defendant, although mildly mentally retarded, was not an incapacitated person (see, CPL 730.10 [1]; People v Schwartz, 204 AD2d 973). The People established through the testimony of a psychiatrist and psychologist that defendant had the capacity to understand the charges against him and to assist in his defense. The fact that the defense-retained psychologist disagreed with the Conclusion of the Peoples experts did not compel a determination of incompetence (see, People v Ferguson, ___ AD2d ___ [decided Mar. 30, 1998]). "Where the hearing court is presented with conflicting evidence of competency, great deference [is] accorded its findings" (People v Gordon, 125 AD2d 587, 588; see, People v Breeden, 115 AD2d 484).
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