second competency hearing in New York

10 New York opinions name it 1 courts 1975–2015 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

Case	Followed	Cited
People v. Tortoricigreen ny · 1999 · cited in 4 New York opinions naming this issue, 2008–2014 2 sentences 2014In any event, we would have found no abuse of discretion in the court’s failure to order a second competency hearing (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Dantzler, 63 AD3d 1376, 1377-1378 [2009], lv denied 14 NY3d 799 [2010]). 2014In any event, we would have found no abuse of discretion in the court’s failure to order a second competency hearing (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Dantzler, 63 AD3d 1376, 1377-1378 [2009], lv denied 14 NY3d 799 [2010]).	4	4
People v. Dantzlergreen nyappdiv · 2009 · cited in 3 New York opinions naming this issue, 2014–2014 2 sentences 2014In any event, we would have found no abuse of discretion in the court’s failure to order a second competency hearing (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Dantzler, 63 AD3d 1376, 1377-1378 [2009], lv denied 14 NY3d 799 [2010]). 2014In any event, we would have found no abuse of discretion in the court’s failure to order a second competency hearing (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Dantzler, 63 AD3d 1376, 1377-1378 [2009], lv denied 14 NY3d 799 [2010]).	3	3
People v. Mattisongreen nyappdiv · 2012 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014Defendant appeals, arguing that he lacked the competency to enter his plea, and that County Court erred in failing to order a second competency hearing prior to accepting his plea. * As it implicates the voluntariness of the plea, this argument is not foreclosed by defendant’s appeal waiver; it is, however, unpreserved, as defendant did not seek relief by means of an appropriate postallocution motion (see People v Chavis, 117 AD3d 1193, 1194 [2014]; People v Mattison, 94 AD3d 1157, 1158 [2012]). 2014Defendant appeals, arguing that he lacked the competency to enter his plea, and that County Court erred in failing to order a second competency hearing prior to accepting his plea. * As it implicates the voluntariness of the plea, this argument is not foreclosed by defendant’s appeal waiver; it is, however, unpreserved, as defendant did not seek relief by means of an appropriate postallocution motion (see People v Chavis, 117 AD3d 1193, 1194 [2014]; People v Mattison, 94 AD3d 1157, 1158 [2012]).	2	2
People v. Chavisgreen nyappdiv · 2014 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014Defendant appeals, arguing that he lacked the competency to enter his plea, and that County Court erred in failing to order a second competency hearing prior to accepting his plea. * As it implicates the voluntariness of the plea, this argument is not foreclosed by defendant’s appeal waiver; it is, however, unpreserved, as defendant did not seek relief by means of an appropriate postallocution motion (see People v Chavis, 117 AD3d 1193, 1194 [2014]; People v Mattison, 94 AD3d 1157, 1158 [2012]). 2014Defendant appeals, arguing that he lacked the competency to enter his plea, and that County Court erred in failing to order a second competency hearing prior to accepting his plea. * As it implicates the voluntariness of the plea, this argument is not foreclosed by defendant’s appeal waiver; it is, however, unpreserved, as defendant did not seek relief by means of an appropriate postallocution motion (see People v Chavis, 117 AD3d 1193, 1194 [2014]; People v Mattison, 94 AD3d 1157, 1158 [2012]).	2	2
People v. Colongreen nyappdiv · 2009 · cited in 1 New York opinions naming this issue, 2015–2015 1 sentence 2015The record as a whole reveals that the defendant received meaningful representation (see People v Jermain, 56 AD3d 1165 [2008]; People v Ferrer, 16 AD3d 913, 914-915 [2005]; see generally People v Colon, 61 AD3d 772, 773 [2009]), and that counsel’s representation did not fall below an objective standard of reasonableness (see generally Strickland v Washington, 466 US 668, 688 [1984]). “[T]here can be no deprivation of effective assistance of counsel arising from counsel’s failure to make a motion that had little or no chance of success” (People v Shaffer, 81 AD3d 989, 990 [2011]). *861 The def	1	1
Strickland v. Washingtongreen scotus · 1984 · cited in 1 New York opinions naming this issue, 2015–2015 1 sentence 2015The record as a whole reveals that the defendant received meaningful representation (see People v Jermain, 56 AD3d 1165 [2008]; People v Ferrer, 16 AD3d 913, 914-915 [2005]; see generally People v Colon, 61 AD3d 772, 773 [2009]), and that counsel’s representation did not fall below an objective standard of reasonableness (see generally Strickland v Washington, 466 US 668, 688 [1984]). “[T]here can be no deprivation of effective assistance of counsel arising from counsel’s failure to make a motion that had little or no chance of success” (People v Shaffer, 81 AD3d 989, 990 [2011]). *861 The def	1	1
People v. Shaffergreen nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2015–2015 1 sentence 2015The record as a whole reveals that the defendant received meaningful representation (see People v Jermain, 56 AD3d 1165 [2008]; People v Ferrer, 16 AD3d 913, 914-915 [2005]; see generally People v Colon, 61 AD3d 772, 773 [2009]), and that counsel’s representation did not fall below an objective standard of reasonableness (see generally Strickland v Washington, 466 US 668, 688 [1984]). “[T]here can be no deprivation of effective assistance of counsel arising from counsel’s failure to make a motion that had little or no chance of success” (People v Shaffer, 81 AD3d 989, 990 [2011]). *861 The def	1	1
People v. Carrgreen nyappdiv · 2011 · cited in 1 New York opinions naming this issue, 2015–2015 1 sentence 2015The record as a whole reveals that the defendant received meaningful representation (see People v Jermain, 56 AD3d 1165 [2008]; People v Ferrer, 16 AD3d 913, 914-915 [2005]; see generally People v Colon, 61 AD3d 772, 773 [2009]), and that counsel’s representation did not fall below an objective standard of reasonableness (see generally Strickland v Washington, 466 US 668, 688 [1984]). “[T]here can be no deprivation of effective assistance of counsel arising from counsel’s failure to make a motion that had little or no chance of success” (People v Shaffer, 81 AD3d 989, 990 [2011]). *861 The def	1	1
People v. Ferrergreen nyappdiv · 2005 · cited in 1 New York opinions naming this issue, 2015–2015 1 sentence 2015The record as a whole reveals that the defendant received meaningful representation (see People v Jermain, 56 AD3d 1165 [2008]; People v Ferrer, 16 AD3d 913, 914-915 [2005]; see generally People v Colon, 61 AD3d 772, 773 [2009]), and that counsel’s representation did not fall below an objective standard of reasonableness (see generally Strickland v Washington, 466 US 668, 688 [1984]). “[T]here can be no deprivation of effective assistance of counsel arising from counsel’s failure to make a motion that had little or no chance of success” (People v Shaffer, 81 AD3d 989, 990 [2011]). *861 The def	1	1
People v. Hemiongreen nyappdiv · 2007 · cited in 1 New York opinions naming this issue, 2015–2015 1 sentence 2015The record as a whole reveals that the defendant received meaningful representation (see People v Jermain, 56 AD3d 1165 [2008]; People v Ferrer, 16 AD3d 913, 914-915 [2005]; see generally People v Colon, 61 AD3d 772, 773 [2009]), and that counsel’s representation did not fall below an objective standard of reasonableness (see generally Strickland v Washington, 466 US 668, 688 [1984]). “[T]here can be no deprivation of effective assistance of counsel arising from counsel’s failure to make a motion that had little or no chance of success” (People v Shaffer, 81 AD3d 989, 990 [2011]). *861 The def	1	1
People v. Narbonnegreen nyappdiv · 2015 · cited in 1 New York opinions naming this issue, 2015–2015 1 sentence 2015The record as a whole reveals that the defendant received meaningful representation (see People v Jermain, 56 AD3d 1165 [2008]; People v Ferrer, 16 AD3d 913, 914-915 [2005]; see generally People v Colon, 61 AD3d 772, 773 [2009]), and that counsel’s representation did not fall below an objective standard of reasonableness (see generally Strickland v Washington, 466 US 668, 688 [1984]). “[T]here can be no deprivation of effective assistance of counsel arising from counsel’s failure to make a motion that had little or no chance of success” (People v Shaffer, 81 AD3d 989, 990 [2011]). *861 The def	1	1
People v. Morgangreen ny · 1995 · cited in 1 New York opinions naming this issue, 2008–2008 2 sentences 2008We reject that contention (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Morgan, 87 NY2d 878, 879-880 [1995]; People v Gensler, 72 NY2d 239, 247 [1988], cert denied 488 US 932 [1988]; People v Garrasi, 302 AD2d 981, 982-983 [2003], lv denied 100 NY2d 538 [2003]). 2008The record is devoid of any indication that defense counsel should have requested a second competency examination (see CPL 730.30 [1]; Morgan, 87 NY2d at 880 ; People v Douglas, 26 AD3d 522, 524 [2006], lv denied 7 NY3d 847 [2006]).	1	1
People v. Douglasgreen nyappdiv · 2006 · cited in 1 New York opinions naming this issue, 2008–2008 1 sentence 2008The record is devoid of any indication that defense counsel should have requested a second competency examination (see CPL 730.30 [1]; Morgan, 87 NY2d at 880 ; People v Douglas, 26 AD3d 522, 524 [2006], lv denied 7 NY3d 847 [2006]).	1	1
People v. Fordgreen ny · 1995 · cited in 1 New York opinions naming this issue, 2008–2008 1 sentence 2008In addition, to the extent that his contention that he was denied effective assistance of counsel based on defense counsel’s failure to request a second competency hearing survives the plea and waiver of the right to appeal (see People v Santos, 37 AD3d 1141 [2007], lv denied 8 NY3d 950 [2007]), we likewise reject that contention (see generally People v Ford, 86 NY2d 397, 404 [1995]).	1	1
People v. Beyahgreen nyappdiv · 2003 · cited in 1 New York opinions naming this issue, 2008–2008 1 sentence 2008We reject that contention (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Morgan, 87 NY2d 878, 879-880 [1995]; People v Gensler, 72 NY2d 239, 247 [1988], cert denied 488 US 932 [1988]; People v Garrasi, 302 AD2d 981, 982-983 [2003], lv denied 100 NY2d 538 [2003]).	1	1
People v. Genslergreen ny · 1988 · cited in 1 New York opinions naming this issue, 2008–2008 1 sentence 2008We reject that contention (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Morgan, 87 NY2d 878, 879-880 [1995]; People v Gensler, 72 NY2d 239, 247 [1988], cert denied 488 US 932 [1988]; People v Garrasi, 302 AD2d 981, 982-983 [2003], lv denied 100 NY2d 538 [2003]).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Bogard v. California green scotus · 1999 2 sentences 2014In any event, we would have found no abuse of discretion in the court’s failure to order a second competency hearing (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Dantzler, 63 AD3d 1376, 1377-1378 [2009], lv denied 14 NY3d 799 [2010]). 2014In any event, we would have found no abuse of discretion in the court’s failure to order a second competency hearing (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Dantzler, 63 AD3d 1376, 1377-1378 [2009], lv denied 14 NY3d 799 [2010]).	4	2008–2014
People v. DISSOTTLE green ny · 2010 2 sentences 2014In any event, we would have found no abuse of discretion in the court’s failure to order a second competency hearing (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Dantzler, 63 AD3d 1376, 1377-1378 [2009], lv denied 14 NY3d 799 [2010]). 2014In any event, we would have found no abuse of discretion in the court’s failure to order a second competency hearing (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Dantzler, 63 AD3d 1376, 1377-1378 [2009], lv denied 14 NY3d 799 [2010]).	3	2014–2014
People v. Trent neutral nyappdiv · 2010 1 sentence 2015The record as a whole reveals that the defendant received meaningful representation (see People v Jermain, 56 AD3d 1165 [2008]; People v Ferrer, 16 AD3d 913, 914-915 [2005]; see generally People v Colon, 61 AD3d 772, 773 [2009]), and that counsel’s representation did not fall below an objective standard of reasonableness (see generally Strickland v Washington, 466 US 668, 688 [1984]). “[T]here can be no deprivation of effective assistance of counsel arising from counsel’s failure to make a motion that had little or no chance of success” (People v Shaffer, 81 AD3d 989, 990 [2011]). *861 The def	1	2015–2015
People v. Epps neutral nyappdiv · 2014 1 sentence 2015The record as a whole reveals that the defendant received meaningful representation (see People v Jermain, 56 AD3d 1165 [2008]; People v Ferrer, 16 AD3d 913, 914-915 [2005]; see generally People v Colon, 61 AD3d 772, 773 [2009]), and that counsel’s representation did not fall below an objective standard of reasonableness (see generally Strickland v Washington, 466 US 668, 688 [1984]). “[T]here can be no deprivation of effective assistance of counsel arising from counsel’s failure to make a motion that had little or no chance of success” (People v Shaffer, 81 AD3d 989, 990 [2011]). *861 The def	1	2015–2015
Fleming v. United States green scotus · 1988 1 sentence 2008We reject that contention (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Morgan, 87 NY2d 878, 879-880 [1995]; People v Gensler, 72 NY2d 239, 247 [1988], cert denied 488 US 932 [1988]; People v Garrasi, 302 AD2d 981, 982-983 [2003], lv denied 100 NY2d 538 [2003]).	1	2008–2008
People v. DeJesus green nyappdiv · 2007 1 sentence 2008In addition, to the extent that his contention that he was denied effective assistance of counsel based on defense counsel’s failure to request a second competency hearing survives the plea and waiver of the right to appeal (see People v Santos, 37 AD3d 1141 [2007], lv denied 8 NY3d 950 [2007]), we likewise reject that contention (see generally People v Ford, 86 NY2d 397, 404 [1995]).	1	2008–2008
People v. Armlin green ny · 1975 1 sentence 1988While it is generally true that "[o]nce the procedure mandated by CPL article 730 ha[s] been invoked [a] defendant [is] entitled to a full and impartial determination of his mental capacity” (People v Armlin, 37 NY2d 167, 172 ), where, as here, further psychological and psychiatric examinations were ordered by the court as a purely confirmatory measure and nothing contained therein revealed the necessity for another hearing, the application was properly denied.	1	1988–1988
People v. Angelillo neutral nycountyct · 1980 1 sentence 1984Additionally, there is a little helpful case law concerning hearings under article 730 in general (see, e.g., People v Gans, 119 Misc 2d 843, 846 ; People v Angelillo, 105 Misc 2d 338 ; People ex rel.	1	1984–1984
People v. Gans green nysupct · 1983 1 sentence 1984Additionally, there is a little helpful case law concerning hearings under article 730 in general (see, e.g., People v Gans, 119 Misc 2d 843, 846 ; People v Angelillo, 105 Misc 2d 338 ; People ex rel.	1	1984–1984
People v. Rodriguez green nyappdiv · 1980 1 sentence 1983When defense counsel sought a second competency hearing immediately prior to trial, the court denied his request, and since defense counsel did not sufficiently particularize his claim that defendant was unfit to proceed, and there was no evidence of changed circumstances since the court’s initial determination which would warrant another hearing, the court’s ruling should not be disturbed (cf. People v Rodriguez, 79 AD2d 576 , affd 56 NY2d 557 ).	1	1983–1983
People v. Rodriguez neutral ny · 1982 1 sentence 1983When defense counsel sought a second competency hearing immediately prior to trial, the court denied his request, and since defense counsel did not sufficiently particularize his claim that defendant was unfit to proceed, and there was no evidence of changed circumstances since the court’s initial determination which would warrant another hearing, the court’s ruling should not be disturbed (cf. People v Rodriguez, 79 AD2d 576 , affd 56 NY2d 557 ).	1	1983–1983
People v. Acevedo neutral nycountyct · 1975 1 sentence 1980For purposes of resolving this particular appeal, it is unnecessary to reach the broader legal questions of whether defendant may (i) demand a second competency hearing as of right (People v Acevedo, supra) or (ii) challenge the Mid-Hudson determination directly in court rather than indirectly under a second article 730 hearing.	1	1980–1980
People v. Cisneros neutral nyappdiv · 1974	1	1975–1975
Pate v. Robinson green scotus · 1966 1 sentence 1975(Pate v Robinson, 383 US 375 ; People v Hudson, 19 NY2d 137 ; People v Cisneros, 45 AD2d 510 .) Accordingly, I believe reversible error was committed when the court refused to reconsider its earlier ruling after appellant co-operated with the court-appointed psychiatrist during the second competency hearing.	1	1975–1975
Lee v. County Ct. of Erie County green ny · 1971	1	1975–1975
People v. Hudson green ny · 1967 1 sentence 1975(Pate v Robinson, 383 US 375 ; People v Hudson, 19 NY2d 137 ; People v Cisneros, 45 AD2d 510 .) Accordingly, I believe reversible error was committed when the court refused to reconsider its earlier ruling after appellant co-operated with the court-appointed psychiatrist during the second competency hearing.	1	1975–1975

Where else courts name it

CA 75 (1991–2026) TX 13 (2001–2025) NY 10 (1975–2015) AZ 5 (1969–2016) PA 4 (1986–2026) FL 3 (2004–2009) KY 3 (1992–2021) NJ 3 (1980–2003) IL 3 (1971–1977) OH 3 (2008–2024) NC 2 (2013–2014) WV 2 (2001–2016) WA 2 (1998–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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