People v. Boatwright

Appellate Division of the Supreme Court of New York

People v. Boatwright

293 A.D.2d 286, 740 N.Y.S.2d 51, 2002 N.Y. App. Div. LEXIS 3462

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 4, 2002

StatusPublished

Cited by2 cases

This text of 293 A.D.2d 286 (People v. Boatwright) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Boatwright, 293 A.D.2d 286, 740 N.Y.S.2d 51, 2002 N.Y. App. Div. LEXIS 3462 (N.Y. Ct. App. 2002).

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Opinion

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 3Vs to 7 years, unanimously affirmed.

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 NY2d 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. Concur— Tom, J.P., Sullivan, Rosenberger and Friedman, JJ.

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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 3Vs to 7 years, unanimously affirmed.

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 NY2d 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. Concur— Tom, J.P., Sullivan, Rosenberger and Friedman, JJ.

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Bluebook (online)

293 A.D.2d 286, 740 N.Y.S.2d 51, 2002 N.Y. App. Div. LEXIS 3462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boatwright-nyappdiv-2002.

Opinion

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