People v. Sterling

Appellate Division of the Supreme Court of New York

People v. Sterling

72 A.D.2d 611, 421 N.Y.S.2d 121, 1979 N.Y. App. Div. LEXIS 13740

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

DecidedOctober 29, 1979

StatusPublished

Cited by2 cases

This text of 72 A.D.2d 611 (People v. Sterling) 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. Sterling, 72 A.D.2d 611, 421 N.Y.S.2d 121, 1979 N.Y. App. Div. LEXIS 13740 (N.Y. Ct. App. 1979).

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Opinion

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered November 30, 1977, convicting him of attempted assault in the second degree, upon a plea of guilty, and imposing sentence. Judgment affirmed. Defendant was found competent to stand trial after a pretrial hearing ordered by the court, a finding with which defense counsel agreed. At the time of plea the court was fully apprised of defendant’s past mental history. Defendant indicated after careful explanation and questioning by the court that he understood the consequences of his guilty plea. We reiterate that there is no statutory provision in this State which requires a court to order a sanity hearing sua sponte whenever defendant has a history of mental problems (People v Rivera, 50 AD2d 805; cf. People v Armlin, 37 NY2d 167). Titone, J. P., O’Connor, Lazer and Mangano, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Suffolk County, rendered November 30, 1977, convicting him of attempted assault in the second degree, upon a plea of guilty, and imposing sentence. Judgment affirmed. Defendant was found competent to stand trial after a pretrial hearing ordered by the court, a finding with which defense counsel agreed. At the time of plea the court was fully apprised of defendant’s past mental history. Defendant indicated after careful explanation and questioning by the court that he understood the consequences of his guilty plea. We reiterate that there is no statutory provision in this State which requires a court to order a sanity hearing sua sponte whenever defendant has a history of mental problems (People v Rivera, 50 AD2d 805; cf. People v Armlin, 37 NY2d 167). Titone, J. P., O’Connor, Lazer and Mangano, JJ., concur.

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Bluebook (online)

72 A.D.2d 611, 421 N.Y.S.2d 121, 1979 N.Y. App. Div. LEXIS 13740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sterling-nyappdiv-1979.

Opinion

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