People v. Cox

Decision Date27 September 1999
PartiesThe PEOPLE, etc., respondent, v. Paul COX, appellant.
CourtNew York Supreme Court — Appellate Division

Joshua D. Siegel, Larchmont, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Mary E. Costello and Maryanne Luciano of counsel), for respondent.

SONDRA MILLER, J.P., FRED T. SANTUCCI, THOMAS R. SULLIVAN and ANITA R. FLORIO, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cowhey, J.), rendered March 14, 1995, convicting him of manslaughter in the first degree (two counts), upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that the evidence established that he suffered from temporary insanity and therefore was not criminally responsible for stabbing two people to death as they lay in their bed. We disagree. While the psychiatric testimony presented at trial indicated that the defendant suffered from extreme emotional disturbance, the People's experts were of the opinion that he had substantial capacity to understand and appreciate the nature and consequences of his conduct, and knew that his conduct was wrong at the time of the stabbings (see, Penal Law § § 40.15, 25.00). Where conflicting expert testimony is presented, the question of sanity is for the jury (see, People v. Enchautegui, 156 A.D.2d 461, 548 N.Y.S.2d 567), which has the right to accept or reject the opinion of any expert. Where, as here, there is an absence of a serious flaw in the testimony of the People's experts, no basis exists for disturbing the jury's finding (see, People v. Ludwigsen, 159 A.D.2d 591, 552 N.Y.S.2d 450).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 85-6, 455 N.Y.S.2d 675).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

To continue reading

Request your trial
1 cases
  • People v. Cox
    • United States
    • New York Supreme Court — Appellate Division
    • September 27, 1999

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT