New York Court of Appeals, 1982

People v. Rodriguez

New York Court of Appeals · Decided March 25, 1982 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur

56 N.Y.2d 557; 434 N.E.2d 1340; 449 N.Y.S.2d 962; 1982 N.Y. LEXIS 3231

Cases that cite this one

9 later published cases cite this decision.

People v. Morgan (N.Y. 1995)
People v. Christopher (N.Y. 1985)
People v. Davenport (Appellate Division of the Supreme Court of New York 2009)
People v. Delgado (Appellate Division of the Supreme Court of New York 1994)
People v. Wiggins (Appellate Division of the Supreme Court of New York 1993)
People v. Rogers (Appellate Division of the Supreme Court of New York 1990)
People v. McGarrity (Appellate Division of the Supreme Court of New York 1987)
People v. Cox (Appellate Division of the Supreme Court of New York 1983)
People v. Coker (Appellate Division of the Supreme Court of New York 1982)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We cannot say on the facts of this case that the Trial Judge’s denial of defendant’s application for a second competency hearing was an abuse of discretion as a matter of law, either under CPL 730.30 or 730.60 (subd 2) as it read at the time of defendant’s trial.

The other error alleged, not having been preserved for review by appropriate objection or request for curative instruction, is beyond our power of review.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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