Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

PEOPLE STATE NEW YORK v. HAROLD P. LINN (10/20/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT


October 20, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
HAROLD P. LINN, APPELLANT

Herlihy, P. J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur in memorandum by the court.

Memorandum by the Court. Appeal by the petitioner from an order of the County Court of Albany County, entered August 22, 1968, which denied, without a hearing, his application in the nature of coram nobis to vacate a 1964 judgment of conviction. Upon the present record there is sufficient documentary evidence in the form of psychiatrists' reports and the transcripts of the proceeding prior to and at sentencing to negate the allegations of the petitioner that he was incompetent to stand trial in 1964. The defendant was also given the opportunity to controvert the psychiatrists' reports and, accordingly, it was not necessary to have a formal motion of confirmation. Upon the present record the trial court did not have before it any information sufficient to require a hearing on its own motion as to the defendant's competency at the time he pled guilty. (Cf. People v. Drake, 15 N.Y.2d 626; People v. Nickerson, 1 N.Y.2d 815.) Upon the present record there is nothing of substance to indicate that the defendant was incompetent at the time he pled guilty.

Disposition

Order affirmed.

19691020

© 1998 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.