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People v. Boatwright

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 2002
293 A.D.2d 286 (N.Y. App. Div. 2002)

Opinion

668

April 4, 2002.

Judgment, Supreme Court, New York County (George Daniels, J.), rendered September 10, 1999, convicting defendant, after a jury trial, of attempted murder in the second degree, assault in the first degree (two counts) and criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 25 years to life (three terms) and 3½ to 7 years, unanimously affirmed.

GINA MIGNOLA, for respondent.

MICHELLE FOX, for defendant-appellant.

Before: Tom, J.P., Sullivan, Rosenberger, Friedman, JJ.


Defendant expressly waived his right to present a psychiatric defense where, in the presence of defendant, defense counsel unequivocally stated on the record that defendant did not intend to present a psychiatric defense in this case and that counsel had concluded, after reviewing all the psychiatric reports in this case, that to pursue such a defense would be unwise (cf., People v. Petrovich, 87 N.Y.2d 961). In light of this waiver, defendant's claim that he was deprived of his right to present a psychiatric defense is academic. In any event, we would find that claim to be unavailing. We perceive no basis for a reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Boatwright

Appellate Division of the Supreme Court of New York, First Department
Apr 4, 2002
293 A.D.2d 286 (N.Y. App. Div. 2002)
Case details for

People v. Boatwright

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAVID BOATWRIGHT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 4, 2002

Citations

293 A.D.2d 286 (N.Y. App. Div. 2002)
740 N.Y.S.2d 51

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