People v. Dockery

Appellate Division of the Supreme Court of New York

People v. Dockery

174 A.D.2d 432, 571 N.Y.S.2d 20, 1991 N.Y. App. Div. LEXIS 8853

Appellate Division of the Supreme Court of the State of New York·Decided June 13, 1991·Published·Cited by 6 cases

Opinion

—Judgment, Supreme Court, New York County (Clifford Scott, J., at jury trial and sentence), [433] rendered July 27, 1989, convicting defendant after a jury trial of murder in the second degree, and sentencing him to an indeterminate prison term of 25 years to life, unanimously affirmed.

Defendant was convicted by a jury of the fatal beating, with a rock, of a wheelchair-bound, elderly man. At sentencing, the trial court denied defense counsel’s request for an adjournment to conduct a psychiatric evaluation of defendant in aid of sentence. The trial court had ample opportunity to observe defendant’s demeanor during the course of the trial, and to conclude that such an examination was unnecessary.

Given the heinous nature of the crime, and the fact that defendant accepted no responsibility for his action, the maximum sentence imposed was not harsh and excessive under the circumstances. Concur—Sullivan, J. P., Carro, Rosenberger, Asch and Kassal, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Clifford Scott, J., at jury trial and sentence), [433] rendered July 27, 1989, convicting defendant after a jury trial of murder in the second degree, and sentencing him to an indeterminate prison term of 25 years to life, unanimously affirmed.

Defendant was convicted by a jury of the fatal beating, with a rock, of a wheelchair-bound, elderly man. At sentencing, the trial court denied defense counsel’s request for an adjournment to conduct a psychiatric evaluation of defendant in aid of sentence. The trial court had ample opportunity to observe defendant’s demeanor during the course of the trial, and to conclude that such an examination was unnecessary.

Given the heinous nature of the crime, and the fact that defendant accepted no responsibility for his action, the maximum sentence imposed was not harsh and excessive under the circumstances. Concur—Sullivan, J. P., Carro, Rosenberger, Asch and Kassal, JJ.

People v. Dockery, 174 A.D.2d 432, 571 N.Y.S.2d 20, 1991 N.Y. App. Div. LEXIS 8853 (N.Y. Ct. App. 1991).

Pincite

174 A.D.2d 432 (People v. Dockery) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related