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People v. Bangert

239 N.E.2d 644, 22 N.Y.2d 799, 292 N.Y.S.2d 900, 1968 N.Y. LEXIS 1258
CourtNew York Court of Appeals
DecidedJune 14, 1968
StatusPublished
Cited by25 cases

This text of 239 N.E.2d 644 (People v. Bangert) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Bangert, 239 N.E.2d 644, 22 N.Y.2d 799, 292 N.Y.S.2d 900, 1968 N.Y. LEXIS 1258 (N.Y. 1968).

Opinion

Judgment reversed and matter remitted to the County Court for further proceedings in accordance with the following memorandum : The judgment should be reversed and the case remitted to the County Court for a hearing to determine whether the defendant was competent at the time of sentencing (Code Grim. Pro., § 658 et seq.). Defendant’s history of mental illness, as indicated by the presentence report, was such that the sentencing court was bound to make some inquiry into defendant’s mental condition at the time of sentencing, whether or not counsel raised the issue. (People v. Boundy, 10 N Y 2d 518; People v. Sprague, 11 N Y 2d 951.)

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

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Bluebook (online)
239 N.E.2d 644, 22 N.Y.2d 799, 292 N.Y.S.2d 900, 1968 N.Y. LEXIS 1258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bangert-ny-1968.