People v. Davis

Appellate Division of the Supreme Court of New York

People v. Davis

38 A.D.2d 579, 328 N.Y.S.2d 332, 1971 N.Y. App. Div. LEXIS 2729

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

DecidedDecember 13, 1971

StatusPublished

This text of 38 A.D.2d 579 (People v. Davis) 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. Davis, 38 A.D.2d 579, 328 N.Y.S.2d 332, 1971 N.Y. App. Div. LEXIS 2729 (N.Y. Ct. App. 1971).

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Opinion

Appeal by defendant from two judgments of the County Court, Nassau County both rendered May 4, 1970, one convicting him of sodomy in the first degree (on indictment No. 27851) and the other convicting him of rape in the first degree and other related crimes (on indictment No. 27932), upon a jury verdict (the two eases were tried together and separate concurrent sentences were imposed). Judgments affirmed. In our opinion the evidence adduced at the trial was sufficient to sustain the finding, implicit in the jury’s verdict of guilty, that the defense of insanity was disproved beyond a reasonable doubt. In view of defendant’s refusal to co-operate with the psychiatrist retained by the People to examine him with respect to his mental state at the time of the commission of the acts charged, we do not consider the consequent failure of the People to offer expert testimony to be fatal to the convictions. Since such testimony was not offered and since no apparent use was made by the People, at the trial, of the results of that abortive examination, we do not deem the denial of defense counsel's request to he present at such examination to be prejudicial to defendant (see Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432, 443-444). Martuscello, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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Appeal by defendant from two judgments of the County Court, Nassau County both rendered May 4, 1970, one convicting him of sodomy in the first degree (on indictment No. 27851) and the other convicting him of rape in the first degree and other related crimes (on indictment No. 27932), upon a jury verdict (the two eases were tried together and separate concurrent sentences were imposed). Judgments affirmed. In our opinion the evidence adduced at the trial was sufficient to sustain the finding, implicit in the jury’s verdict of guilty, that the defense of insanity was disproved beyond a reasonable doubt. In view of defendant’s refusal to co-operate with the psychiatrist retained by the People to examine him with respect to his mental state at the time of the commission of the acts charged, we do not consider the consequent failure of the People to offer expert testimony to be fatal to the convictions. Since such testimony was not offered and since no apparent use was made by the People, at the trial, of the results of that abortive examination, we do not deem the denial of defense counsel's request to he present at such examination to be prejudicial to defendant (see Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432, 443-444). Martuscello, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

38 A.D.2d 579, 328 N.Y.S.2d 332, 1971 N.Y. App. Div. LEXIS 2729, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-davis-nyappdiv-1971.