From Casetext: Smarter Legal Research

People v. Bronson

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1985
115 A.D.2d 484 (N.Y. App. Div. 1985)

Opinion

December 2, 1985

Appeal from the County Court, Westchester County (Cowhey, J.).


Judgment affirmed.

Defendant's contention that the court erred in failing to order a competency hearing pursuant to CPL 730.30 is without merit. Both psychiatrists who examined defendant found him competent to stand trial, and neither defense counsel nor the District Attorney moved for a hearing. It was thus within the trial court's discretion whether to conduct a hearing (CPL 730.30). Although the examination and presentence reports revealed that defendant was mildly retarded and suffered from significant psychiatric disorders, nothing in these reports or in the record casts doubt upon the conclusion of the examining physicians that defendant was fit to stand trial. It was therefore not an abuse of discretion for the trial court to proceed without a competency hearing. Mangano, J.P., Brown, Rubin and Lawrence, JJ., concur.


Summaries of

People v. Bronson

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1985
115 A.D.2d 484 (N.Y. App. Div. 1985)
Case details for

People v. Bronson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT BRONSON…

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

Date published: Dec 2, 1985

Citations

115 A.D.2d 484 (N.Y. App. Div. 1985)

Citing Cases

People v. Sanchez

We disagree with the defendant's contention that he was or may have been incapacitated at the time he entered…

People v. Paxhia

The court did not abuse its discretion in finding defendant competent to proceed without holding a hearing…