People v. Chicherchia
Cases that cite this one
21 later published cases cite this decision.
- WINEBRENNER, CYRIL, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- CIPOLLINA, JOHN, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Cipollina (Appellate Division of the Supreme Court of New York 2012)
- People v. Winebrenner (Appellate Division of the Supreme Court of New York 2012)
- People v. Winebrenner (Appellate Division of the Supreme Court of New York 2012)
- People v. Griffith (Appellate Division of the Supreme Court of New York 2020)
- TORRES, III, GUILLERMO, PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
- People v. Torres (Appellate Division of the Supreme Court of New York 2016)
- People v. Torres (Appellate Division of the Supreme Court of New York 2016)
- People v. Rivera (Appellate Division of the Supreme Court of New York 2014)
- People v. Rivera (Appellate Division of the Supreme Court of New York 2014)
- WILSON, CHARLES R., PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- People v. Wilson (Appellate Division of the Supreme Court of New York 2013)
- MOORE, CYNTHIA, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- UBBINK, DANIEL S., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- CONNORS, VICTORIA L., PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Connors (Appellate Division of the Supreme Court of New York 2012)
- People v. Ubbink (Appellate Division of the Supreme Court of New York 2012)
- People v. Ubbink (Appellate Division of the Supreme Court of New York 2012)
- People v. Moore (Appellate Division of the Supreme Court of New York 2012)
- People v. Moore (Appellate Division of the Supreme Court of New York 2012)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
On appeal from a judgment convicting him upon a jury verdict of, inter alia, predatory sexual assault against a child (Penal Law § 130.96), defendant contends that County Court erred in failing to grant his request to proceed
We reject defendant’s further contention that the court erred in failing sua sponte to order a competency hearing (see People v Tortorici, 92 NY2d 757, 765-766 [1999], cert denied 528 US 834 [1999]; People v Morgan, 87 NY2d 878, 879-880 [1995]; People v Garrasi, 302 AD2d 981, 982-983 [2003], Iv denied 100 NY2d 538 [2003]). The court “had the opportunity to interact with and observe defendant . . . , [and thus] the court had adequate opportunity to properly assess defendant’s competency” (People v Bolarinwa, 258 AD2d 827, 831 [1999], Iv denied 93 NY2d 1014 [1999]; see Garrasi, 302 AD2d at 982-983). “Moreover, [we] note[ ] that defense counsel did not request a hearing and, as it has been observed, [defense] counsel was in the best position to assess defendant’s capacity and request an examination” pursuant to CPL 730.30 (People v Ferrer, 16 AD3d 913, 914 [2005], Iv denied 5 NY3d 788 [2005]; see People v Gelikkaya, 84 NY2d 456, 460 [1994]). Present — Smith, J.P., Centra, Carni, Sconiers and Gorski, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.