People v. Mullooly

Appellate Division of the Supreme Court of New York

People v. Mullooly

40 A.D.2d 971, 338 N.Y.S.2d 856, 1972 N.Y. App. Div. LEXIS 3082

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

DecidedDecember 14, 1972

StatusPublished

This text of 40 A.D.2d 971 (People v. Mullooly) 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. Mullooly, 40 A.D.2d 971, 338 N.Y.S.2d 856, 1972 N.Y. App. Div. LEXIS 3082 (N.Y. Ct. App. 1972).

Pincite

Opinion

Order, Supreme Court, New York County, entered July 10, 1972, revised by order of said court entered on October 18, 1972, reporting after hearing and finding that the People have failed to sustain their burden in respect of the defendant’s mental capacity at the time of trial, and determining that the defendant lacked the mental capacity to stand trial, is approved and such finding and determination hereby confirmed; and the order of the Supreme Court, New York County, entered on March 26, 1970, denying a motion to set aside a judgment of conviction rendered on February 4, 1963, unanimously reversed, on the law and the facts, and the orders of the Supreme Court, New York County, entered on April 18, 1969 and May 26, 1969, respectively, denying defendant’s motions to set aside judgment of conviction, unanimously reversed, on the law and the facts, and a new trial directed within 60 days of the publication of this order, upon the failure of which the indictment is dismissed and defendant discharged. Concur—McGivern, J. P., Nunez, McNally, Steuer and Eager, JJ.

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Order, Supreme Court, New York County, entered July 10, 1972, revised by order of said court entered on October 18, 1972, reporting after hearing and finding that the People have failed to sustain their burden in respect of the defendant’s mental capacity at the time of trial, and determining that the defendant lacked the mental capacity to stand trial, is approved and such finding and determination hereby confirmed; and the order of the Supreme Court, New York County, entered on March 26, 1970, denying a motion to set aside a judgment of conviction rendered on February 4, 1963, unanimously reversed, on the law and the facts, and the orders of the Supreme Court, New York County, entered on April 18, 1969 and May 26, 1969, respectively, denying defendant’s motions to set aside judgment of conviction, unanimously reversed, on the law and the facts, and a new trial directed within 60 days of the publication of this order, upon the failure of which the indictment is dismissed and defendant discharged. Concur—McGivern, J. P., Nunez, McNally, Steuer and Eager, JJ.

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Bluebook (online)

40 A.D.2d 971, 338 N.Y.S.2d 856, 1972 N.Y. App. Div. LEXIS 3082, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mullooly-nyappdiv-1972.