People v. Kousch

Appellate Division of the Supreme Court of New York

People v. Kousch

15 A.D.2d 870, 225 N.Y.S.2d 443, 1962 N.Y. App. Div. LEXIS 11311

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

DecidedFebruary 22, 1962

StatusPublished

This text of 15 A.D.2d 870 (People v. Kousch) 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. Kousch, 15 A.D.2d 870, 225 N.Y.S.2d 443, 1962 N.Y. App. Div. LEXIS 11311 (N.Y. Ct. App. 1962).

Pincite

Opinion

Memorandum:

In 12 A D 2d 730 in a coram nobis proceeding, we directed a hearing on the question of whether, at the time of trial, the defendant was mentally able to understand and defend in accordance with subdivision 1 of section 1120 of the Penal Law. After such hearing the County Court of Jefferson County found that defendant was not incapacitated under the statute and refused to vacate the judgment of conviction. We find this determination to be against the weight of the evidence and therefore the judgment of conviction should be vacated. (See People v. Boundy, 10 N Y 2d 518.) (Appeal from order of Jefferson County Court denying defendant’s application for writ of error coram nobis, after a hearing.) Present — Williams, P. J., Bastow, Goldman, MeClusky and Henry, JJ.

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

Memorandum:

In 12 A D 2d 730 in a coram nobis proceeding, we directed a hearing on the question of whether, at the time of trial, the defendant was mentally able to understand and defend in accordance with subdivision 1 of section 1120 of the Penal Law. After such hearing the County Court of Jefferson County found that defendant was not incapacitated under the statute and refused to vacate the judgment of conviction. We find this determination to be against the weight of the evidence and therefore the judgment of conviction should be vacated. (See People v. Boundy, 10 N Y 2d 518.) (Appeal from order of Jefferson County Court denying defendant’s application for writ of error coram nobis, after a hearing.) Present — Williams, P. J., Bastow, Goldman, MeClusky and Henry, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

15 A.D.2d 870, 225 N.Y.S.2d 443, 1962 N.Y. App. Div. LEXIS 11311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kousch-nyappdiv-1962.