People v. Langlois

122 Misc. 2d 1018, 472 N.Y.S.2d 297, 1984 N.Y. Misc. LEXIS 2932
CourtNew York County Courts
DecidedFebruary 14, 1984
StatusPublished
Cited by3 cases

This text of 122 Misc. 2d 1018 (People v. Langlois) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Langlois, 122 Misc. 2d 1018, 472 N.Y.S.2d 297, 1984 N.Y. Misc. LEXIS 2932 (N.Y. Super. Ct. 1984).

Opinion

OPINION OF THE COURT

Stuart Namm, J.

Defendant, Melvina Langlois, charged with the reckless murder (Penal Law, § 125.25, subd 2) of her infant daughter who drowned on January 10,1983, entered a plea of not responsible by reason of mental disease or defect to the indictment with the consent of the prosecution and with the acceptance of the court. (Penal Law, § 30.05; CPL 220.15.)

Thereafter, a hearing mandated by CPL 330.20 (subd 6) was conducted by the court on December 14, 1983, and [1019]*1019continued on January 20, 1984, to determine whether she has a dangerous mental disorder (CPL 330.20, subd 1, par [c]), and if found not to have a dangerous mental disorder, to determine whether she was mentally ill. (CPL 330.20, subd 1, par [d].)

HEARING TESTIMONY

At the hearing, Dr. Marie Gross, a psychiatrist for 18 years and “board” certified since 1978, testified that she had examined the defendant for a period of two hours on October 4, 1983. Based upon this clinical interview of the defendant which included an interpretation of proverbs, a standard test employed in the medical profession to assess a mental disorder, and a narrative of the events told to her by the defendant which focused upon the period of January 8, 1983 to January 10, 1983, Dr. Gross concluded that the defendant was suffering from what she termed a dangerous mental disorder. She diagnosed the defendant as suffering from a “Brief Reactive Psychosis,” which she defined as an acute psychosis resulting from a stressful situation.

Dr. Gross later spoke with the defendant a second time for a period of 25 minutes during the week prior to testifying at the instant hearing. Dr. , Gross stated that the mental condition of the defendant had not changed since her first interview, and again concluded that the defendant was still suffering from a dangerous mental disorder. She characterized the defendant’s attitude as “negativistic and uncooperative” at the time of the second interview.

Dr. Gross based her present opinion upon several factors: (1) the defendant’s lack of display of any feelings of guilt or remorse towards the death of her daughter; (2) the defendant’s lack of any emotions, or bland affect, which Dr. Gross characterized, in the words of Sigmund Freud, as “la belle indifference”; (3) her diagnosis that the defendant suffered a “Brief Reactive Psychosis”, an acute psychotic state, at the time of the January 10, 1983 incident when the defendant claims that voices of spirits drove her and her daughter into the waters of Long Island Sound; (4) an underlying “histrionic personality disorder” whereby she is easily influenced by others, coupled with a tendency to overreact to a situation and to sexualize nonsexual situations; and (5) a preoccupation with and a belief in spirits. [1020]*1020Most significantly, Dr. Gross was of the firm opinion that if the defendant were confronted with a stressful situation similar to that which confronted her at or about January 10, 1983, she would probably repeat her behavior, that is, she would again likely overreact in a pathological way to any moderately stressful event. She concluded that the defendant was not only mentally ill, but was dangerous to herself and others.

The defendant was also independently examined by a second psychiatrist, Dr. Janet Lim, who is not a “board” certified psychiatrist. Dr. Lim stated that she graduated from medical school in 1961, and had actively practiced medicine until 1980, when she then entered a three-year residency program in psychiatry at the Middletown Psychiatric Center which she successfully completed. Licensed to practice medicine in the State of New York, Dr. Lim began her employment at the Mid-Hudson Psychiatric Center in July, 1983. Prior to her examination of the defendant, Dr. Lim had examined two other patients as a staff psychiatrist to determine their dangerousness and had testified as a qualified expert in a court proceeding in Supreme Court, New York County, on one previous occasion.

Dr. Lim interviewed the defendant on three separate occasions with each interview lasting 30 to 45 minutes in duration. Relying upon the events of January 10, 1983, as described by the defendant and information provided by the defendant’s sister, Dr. Lim was also of the opinion that the defendant presently suffers from a dangerous mental disorder. Her diagnosis remained unchanged after seeing the defendant again in December, 1983.

Her opinion, reached without consultation with and independent of Dr. Gross, was based upon the defendant’s “flat affect”, i.e., her lack of a feeling of guilt, sadness or remorse about the death of her daughter; her concrete thinking ability (proverb interpretation); the defendant’s inadequate display of judgment; the psychotic manifestations exhibited by her at the time of the January, 1983 incident; her recent depressive moods; all coupled with her prior delusional thoughts which place the blame for her daughter’s death upon “the force of the spirit.” Dr. Lira’s [1021]*1021diagnosis was that the defendant had suffered a “Brief Reactive Psychosis” on January 10, 1983, and that while her symptoms had seemingly receded, she remained a danger to herself or to others.

defendant’s argument

Defendant contends that (1) Dr. Lim was not qualified to render a psychiatric opinion of the defendant since she was not “board” certified; (2) the “history” of how the events of January 10,1983 occurred as described by the defendant to the examining psychiatrists is an inadequate basis to support their opinion that the defendant presently suffers from a dangerous mental disorder; and (3) the evidence adduced at the hearing failed to demonstrate that she was suffering from a present dangerous mental disorder.

FINDINGS OF FACT AND CONCLUSIONS OF LAW QUALIFICATIONS OF DR. LIM

A “qualified psychiatrist” includes any physician who is a diplómate of the American Board of Psychiatry and Neurology (hereinafter referred to as the Board) or who is eligible to be certified by that Board. (CPL 330.20, subd 1, par [q].) Although Dr. Lim has not been certified as a diplómate by the American Board of Psychiatry and Neurology, the court finds that her experience and training, which is uncontroverted in the record, is sufficient to render her eligible to be certified as such if she were to submit an application for Board certification.

In resolving the question of the eligibility of Dr. Lim for certification as a diplómate by the Board, the court has taken judicial notice sua sponte of the general eligibility requirements promulgated by the American Board of Psychiatry and Neurology, Inc., which must be met at the time of the submission of an application for certification as a diplómate. (See Directory of Medical Specialties, Marquis Who’s Who, 1983-1984 [21 ed], pp 2914-2920.)

Judicial notice is the knowledge which a court will officially take of a fact, although no evidence to prove that fact has been introduced. (Richardson, Evidence [10th ed], § 8.) In determining such facts, a court may resort to such documents, references and other repositories of information as are worthy of belief and confidence and may be [1022]*1022taken by the court on its own motion in the absence of a specific request by a party. (Richardson, Evidence, op. cit., §§ 10, 14.)

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Cite This Page — Counsel Stack

Bluebook (online)
122 Misc. 2d 1018, 472 N.Y.S.2d 297, 1984 N.Y. Misc. LEXIS 2932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-langlois-nycountyct-1984.