People v. McGill

Appellate Division of the Supreme Court of New York

People v. McGill

39 A.D.2d 591, 332 N.Y.S.2d 607, 1972 N.Y. App. Div. LEXIS 4921

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

DecidedApril 17, 1972

StatusPublished

This text of 39 A.D.2d 591 (People v. McGill) 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. McGill, 39 A.D.2d 591, 332 N.Y.S.2d 607, 1972 N.Y. App. Div. LEXIS 4921 (N.Y. Ct. App. 1972).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 27, 1970, convicting him of grand larceny in the first degree, assault in the second degree and robbery in the first degree (two counts on each crime), upon a jury verdict, and imposing sentence. By an order of this court dated April 5, 1971, the action was remitted to the trial court for the purpose of holding a hearing and making a determination as to defendant’s sanity at the time of trial and the appeal was held in abeyance in the interim (People v. McGill, 36 A D 2d 827). The prescribed hearing was held on June 9 and June 21, 1971 and resulted in a finding that, at the time of his trial, defendant was legally incompetent. Judgment reversed, on the law and the facts, and new trial ordered. We have examined the minutes of the hearing and agree with the above-mentioned finding of the trial court. Rabin, P. J., Hopkins, Munder, Martuscello and Christ, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered February 27, 1970, convicting him of grand larceny in the first degree, assault in the second degree and robbery in the first degree (two counts on each crime), upon a jury verdict, and imposing sentence. By an order of this court dated April 5, 1971, the action was remitted to the trial court for the purpose of holding a hearing and making a determination as to defendant’s sanity at the time of trial and the appeal was held in abeyance in the interim (People v. McGill, 36 A D 2d 827). The prescribed hearing was held on June 9 and June 21, 1971 and resulted in a finding that, at the time of his trial, defendant was legally incompetent. Judgment reversed, on the law and the facts, and new trial ordered. We have examined the minutes of the hearing and agree with the above-mentioned finding of the trial court. Rabin, P. J., Hopkins, Munder, Martuscello and Christ, JJ., concur.

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Bluebook (online)

39 A.D.2d 591, 332 N.Y.S.2d 607, 1972 N.Y. App. Div. LEXIS 4921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcgill-nyappdiv-1972.