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People v. Reid

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 1996
228 A.D.2d 362 (N.Y. App. Div. 1996)

Opinion

June 25, 1996

Appeal from the Supreme Court, New York County (Carol Berkman, J.).


The trial court properly exercised its discretion in denying defendant's applications for a competency examination; the court's observations and the totality of the circumstances supported the conclusion that an examination was not necessary ( see, People v. Washington, 223 A.D.2d 478). Contrary to defendant's contention, defense counsel's representations alone that defendant could not meaningfully assist in his defense did not mandate examination ( see, People v. Morgan, 87 N.Y.2d 878). Nor is there merit to defendant's contention that he was improperly precluded from impeaching a witness whom he wanted to call to contradict the People's witness in certain particulars, but otherwise expected to be hostile. The only aspect of such witness's prospective trial testimony that would have been impeachable by his pretrial testimony (CPL 60.35) concerned the location where this witness was situated during the stabbing. The court's prohibition of impeachment on this minor issue did not result in prejudice to defendant, especially since, as defense counsel recognized, the witness would still have identified defendant as the assailant.

Concur — Sullivan, J.P., Milonas, Wallach, Ross and Nardelli, JJ.


Summaries of

People v. Reid

Appellate Division of the Supreme Court of New York, First Department
Jun 25, 1996
228 A.D.2d 362 (N.Y. App. Div. 1996)
Case details for

People v. Reid

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BEFE KADU REID…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 25, 1996

Citations

228 A.D.2d 362 (N.Y. App. Div. 1996)
644 N.Y.S.2d 717

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