From Casetext: Smarter Legal Research

People v. Elsis

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1987
131 A.D.2d 694 (N.Y. App. Div. 1987)

Opinion

June 15, 1987

Appeal from the County Court, Nassau County (Baker, J.).


Ordered that the judgment is affirmed.

A review of the record leads us to the conclusion that the court did not abuse its discretion in denying the defendant's request for a competency hearing pursuant to CPL 730.30 (1). The psychiatric reports submitted to the court were not only dated but also failed to raise a reasonable ground upon which to conclude that there was a question as to the defendant's competency to stand trial (see, CPL 730.10; People v Armlin, 37 N.Y.2d 167; People v Bancroft, 110 A.D.2d 773; People v Moye, 105 A.D.2d 853). Additionally, we note that the defendant submitted a pro se pretrial motion which was relevant to the proceedings and he conferred with his counsel during the request for a hearing, which conduct lends further support to the court's conclusion that a competency hearing was not warranted. Eiber, J.P., Kunzeman, Sullivan and Harwood, JJ., concur.


Summaries of

People v. Elsis

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1987
131 A.D.2d 694 (N.Y. App. Div. 1987)
Case details for

People v. Elsis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FREDERICK J. ELSIS…

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

Date published: Jun 15, 1987

Citations

131 A.D.2d 694 (N.Y. App. Div. 1987)