Appellate Division of the Supreme Court of New York, 1977

People v. Hicks

People v. Hicks
Appellate Division of the Supreme Court of New York · Decided February 28, 1977
56 A.D.2d 661; 392 N.Y.S.2d 51; 1977 N.Y. App. Div. LEXIS 10801
People v. Hicks

Opinion of the Court

Appeal by defendant from a judgment of the County Court, Nassau County, rendered March 19, 1976, convicting him of attempted robbery in the second degree, on his plea of guilty, and imposing sentence. The appeal brings up for review a determination made after a hearing that the defendant was able to understand the proceedings against him and was in a position to assist in his defense. Case remanded to the County Court for a further hearing as to defendant’s competency and appeal held in abeyance in the interim. On this record, it was an improvident exercise of discretion to deny defendant’s request for an adjournment of the hearing as to his competency to stand trial at a time when his attorney was actually engaged in a trial. The attorney who requested the adjournment, and who was unfamiliar with defendant’s long prior mental history, should not have been forced to proceed with the hearing. The issue here involved, of course, survived defendant’s plea of guilty (see People v Armlin, 37 NY2d 167). Shapiro, Acting P. J., Titone, Hawkins and O’Connor, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.