People v. Briggs

Appellate Division of the Supreme Court of New York

People v. Briggs

33 A.D.2d 532, 314 N.Y.S.2d 300, 1969 N.Y. App. Div. LEXIS 3233

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

DecidedSeptember 18, 1969

StatusPublished

This text of 33 A.D.2d 532 (People v. Briggs) 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. Briggs, 33 A.D.2d 532, 314 N.Y.S.2d 300, 1969 N.Y. App. Div. LEXIS 3233 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order unanimously reversed and matter remitted to Erie County Court for a hearing in accordance with the following memorandum: Defendant is entitled to a hearing upon the allegation in his petition. that he was not competent to assist in his defense at trial by reason of physical and mental illness incident to his withdrawal from narcotics addiction. Coram nobis is the only method available to defendant to present to the court his proof that he lacked the capacity to assist in his own defense the trial court having made no determination as to his mental state reviewable on appeal from the judgment of conviction. (See People v. Brown, 13 N Y 2d 201; People v. Boundy, 10 N Y 2d 518.) (Appeal from order of Erie County Court denying, without a hearing, motion to vacate judgment of conviction for violation of Penal Law, § 1751, subd. 1, rendered Feb. 3, 1965.) Present: — Del Veechio, J. P., Marsh, Witmer, Moule and Henry, JJ.

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Order unanimously reversed and matter remitted to Erie County Court for a hearing in accordance with the following memorandum: Defendant is entitled to a hearing upon the allegation in his petition. that he was not competent to assist in his defense at trial by reason of physical and mental illness incident to his withdrawal from narcotics addiction. Coram nobis is the only method available to defendant to present to the court his proof that he lacked the capacity to assist in his own defense the trial court having made no determination as to his mental state reviewable on appeal from the judgment of conviction. (See People v. Brown, 13 N Y 2d 201; People v. Boundy, 10 N Y 2d 518.) (Appeal from order of Erie County Court denying, without a hearing, motion to vacate judgment of conviction for violation of Penal Law, § 1751, subd. 1, rendered Feb. 3, 1965.) Present: — Del Veechio, J. P., Marsh, Witmer, Moule and Henry, JJ.

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Bluebook (online)

33 A.D.2d 532, 314 N.Y.S.2d 300, 1969 N.Y. App. Div. LEXIS 3233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-briggs-nyappdiv-1969.