further competency hearing (New York) · Go Syfert
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further competency hearing in New York

6 New York opinions name it 1 courts 1990–2013 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 (1)

CaseFollowedCited
People v. Tortoricigreen
ny · 1999 · cited in 4 New York opinions naming this issue, 2011–2013
2 sentences

2013We reject defendant’s contention that Supreme Court erred in failing sua sponte to order a further competency hearing immediately before trial (see generally People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]).

2013We reject defendant’s contention that Supreme Court erred in failing sua sponte to order a further competency hearing immediately before trial (see generally People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]).

34

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Bogard v. California green
scotus · 1999
2 sentences

2013We reject defendant’s contention that Supreme Court erred in failing sua sponte to order a further competency hearing immediately before trial (see generally People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]).

2013We reject defendant’s contention that Supreme Court erred in failing sua sponte to order a further competency hearing immediately before trial (see generally People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]).

32013–2013
Redmond v. Redmond neutral
nyappdiv · 1972
1 sentence

2011The fact that a defendant receives psychiatric treatment from correctional authorities shortly after a finding of competency does not necessarily call that finding into question (see People v Figueroa, 39 AD2d 527 [1972], affd 33 NY2d 660 [1973]).

12011–2011
In re Na'Quana J. neutral
nyappdiv · 2008
1 sentence

2011Neither defendant’s brief psychiatric hospitalization two months after the competency determination nor his behavior at trial required the court to order a further competency hearing or to reevaluate its prior ruling (see People v Tortorici, 92 NY2d 757, 765-766 [1999]; People v Bowman, 50 AD3d 291 [2008], lv denied 10 NY3d 956 [2008]).

12011–2011
People v. Figueroa neutral
ny · 1973
1 sentence

2011The fact that a defendant receives psychiatric treatment from correctional authorities shortly after a finding of competency does not necessarily call that finding into question (see People v Figueroa, 39 AD2d 527 [1972], affd 33 NY2d 660 [1973]).

12011–2011
People v. Morgan green
ny · 1995
1 sentence

2002People v Morgan, 87 NY2d 878 ).

12002–2002
People v. Viszokai green
nyappdiv · 1984
1 sentence

1990In view of the circumstances, particularly the serious nature of the crimes charged, which include kidnapping and possession of a loaded firearm (see, CPL 210.40 [1] [a]; People v Saunders, supra; People v Viszokai, 99 AD2d 519 ), the strong evidence of the defendant’s guilt (see, CPL 210.40 [1] [c]), and the deleterious impact upon the public’s confidence (see, CPL 210.40 [1] [g]), dismissal of the indictment is not warranted.

11990–1990
People v. Diggs green
nyappdiv · 1986
1 sentence

1990Although the defendant served in excess of 214 years in various forms of pretrial confinement at the time the application for dismissal in the interest of justice was made and may seek a further competency hearing if the charges are reinstated, that, in and of itself, does not justify dismissal in this case (see, People v Diggs, 125 AD2d 189, 192 ; People v Saunders, 161 AD2d 611 ).

11990–1990
People v. Saunders neutral
nyappdiv · 1990
2 sentences

1990Although the defendant served in excess of 214 years in various forms of pretrial confinement at the time the application for dismissal in the interest of justice was made and may seek a further competency hearing if the charges are reinstated, that, in and of itself, does not justify dismissal in this case (see, People v Diggs, 125 AD2d 189, 192 ; People v Saunders, 161 AD2d 611 ).

1990In view of the circumstances, particularly the serious nature of the crimes charged, which include kidnapping and possession of a loaded firearm (see, CPL 210.40 [1] [a]; People v Saunders, supra; People v Viszokai, 99 AD2d 519 ), the strong evidence of the defendant’s guilt (see, CPL 210.40 [1] [c]), and the deleterious impact upon the public’s confidence (see, CPL 210.40 [1] [g]), dismissal of the indictment is not warranted.

11990–1990

Statutes the citing opinions construe

NY § N.Y. Penal Law § 110.00 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 6 (1990–2013) CA 3 (2022–2022)

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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