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People v. Briggs

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 18, 1969
33 A.D.2d 532 (N.Y. App. Div. 1969)

Opinion

September 18, 1969

Appeal from the Erie County Court.

Present — Del Vecchio, J.P., Marsh, Witmer, Moule and Henry, JJ.


Order unanimously reversed and matter remitted to Erie County Court for a hearing in accordance with the following memorandum: Defendant is entitled to a hearing upon the allegation in his petition that he was not competent to assist in his defense at trial by reason of physical and mental illness incident to his withdrawal from narcotics addiction. Coram nobis is the only method available to defendant to present to the court his proof that he lacked the capacity to assist in his own defense the trial court having made no determination as to his mental state reviewable on appeal from the judgment of conviction. (See People v. Brown, 13 N.Y.2d 201; People v. Boundy, 10 N.Y.2d 518. )


Summaries of

People v. Briggs

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 18, 1969
33 A.D.2d 532 (N.Y. App. Div. 1969)
Case details for

People v. Briggs

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLEVESTER BRIGGS…

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

Date published: Sep 18, 1969

Citations

33 A.D.2d 532 (N.Y. App. Div. 1969)