People v. Armlin

CourtNew York Court of Appeals
Writing for the CourtGABRIELLI
Citation332 N.E.2d 870,371 N.Y.S.2d 691,37 N.Y.2d 167
Decision Date19 June 1975
Parties, 332 N.E.2d 870 The PEOPLE of the State of New York, Respondent, v. Ervun L. ARMLIN, Appellant.

Page 691

371 N.Y.S.2d 691
37 N.Y.2d 167, 332 N.E.2d 870
The PEOPLE of the State of New York, Respondent,
v.
Ervun L. ARMLIN, Appellant.
Court of Appeals of New York.
June 19, 1975.

Page 693

Frederic Block, Centereach, for appellant.

Robert L. Maider, Dist. Atty., for respondent.

GABRIELLI, Judge.

The questions presented in this appeal may be phrased as follows: (1) having found that reasonable ground existed to believe that the defendant was an incapacitated person, did the County Court's failure to provide the defendant with an examination by two qualified psychiatrists, as required by CPL 730.20 (subd. 1), deprive the accused of his right to a full and impartial determination of his mental capacity to stand trial; and (2) by his plea of guilty, did the defendant waive his right to the proceedings mandated by CPL article 730? Since we are of the opinion that the first question must be answered in the affirmative and the second in the negative, we modify the order of the Appellate Division which affirmed Armlin's conviction, and remit the case to the County Court for a hearing to determine whether the defendant was competent at the time of sentencing (CPL 730.20).

On September 15, 1972, the defendant, who was charged with having entered a Johnstown, New York, home in the early morning hours of August 10, 1972 and forcing a 12-year-old girl to engage in sexual intercourse, was indicted on two counts of burglary in the first degree and for rape in the first, second and third degrees. Prior to his arraignment on these charges, Armlin's assigned counsel, who had in his possession medical information indicating that the defendant was a 'chronic undifferentiated schizophrenic' suffering from 'Acute psychotic reaction with delusions of grandeur', moved for an examination of the defendant 'to determine his sanity' on the ground that Armlin was 'insane, incompetent and incapable of understanding the charge or proceedings against him or of making his defense'.

Page 694

On December 29, 1972, the County Court Judge made an order which, pursuant to CPL 730.20 (subd. 1), directed the Superintendent of Utica State Hospital to cause an examination of the defendant's mental condition by 'two qualified psychiatrists', the court believing that reasonable ground existed that the defendant 'is in such a state of idiocy, imbecility or insanity that he is incapable of understanding the charge, or of making his defense'.

On January 11, 1973, the County Court Judge made yet another order, committing the defendant to Utica State Hospital 'for a reasonable period, for treatment, observation, examination and report as to his physical and mental condition', the court being of the opinion that Armlin was then 'in need of medical treatment' and that on this date there was 'reasonable ground for believing that said defendant may be insane or may be a person of unsound mind and incapable of understanding the proceeding herein.'

In accordance with this latter order, the Sheriff of Fulton County was to transport Armlin to Utica and to return him to the Fulton County Jail upon completion of the examination, the results to be reported to the court by the Director of the Psychiatric Division of the Hospital. The record is barren of any evidence that either of the orders were complied with, but it may fairly be concluded that in lieu of complying with either order, arrangements were made for a psychiatric examination at the Fulton County Mental Health Clinic, since on January 25, 1973, Armlin was examined at that facility by a single psychiatrist, Dr. Leonard Rockmore, who rendered his report on February 5, 1973.

According to the psychiatrist's report, Armlin stated that when he learned his brother had been killed in action in Viet Nam, he enlisted in the military service in an effort to retaliate for his brother's death. During his tour of duty in Viet Nam, Armlin was awarded four Purple Hearts. It appears that Armlin's service records contain medical opinions indicating that he was a chronic...

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124 practice notes
  • Harris v. Kuhlmann, No. 00-2740.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • October 10, 2003
    ...argument without specific comment. See People v. Harris, 160 A.D.2d at 726, 555 N.Y.S.2d at 608 (citing, inter alia, People v. Armlin, 37 N.Y.2d 167, 371 N.Y.S.2d 691, 332 N.E.2d 870 (1975), and People v. Corwise, 120 A.D.2d 604, 502 N.Y.S.2d 223 (2d Dep't 1986)). The District Court conclud......
  • People v. Thomas
    • United States
    • New York Supreme Court Appellate Division
    • May 19, 1980
    ...(Haynes v. United States, 390 U.S. 85, 88 S.Ct. 722, 19 L.Ed.2d 923), the competency of the defendant to stand trial (People v. Armlin, 37 N.Y.2d 167, 371 N.Y.S.2d 691, 332 N.E.2d 870; People v. Francabandera, 33 N.Y.2d 429, 354 N.Y.S.2d 609, 310 N.E.2d 292), and a defective indictment whic......
  • People v. Alomar
    • United States
    • New York Court of Appeals
    • March 30, 1999
    ...A.D.2d 691, 610 N.Y.S.2d 834), as well as cases where it was specifically decreed that a different Judge preside (see, People v. Armlin, 37 N.Y.2d 167, 173, 371 N.Y.S.2d 691, 332 N.E.2d 870; People v. McDaniel, 168 A.D.2d 926, 928, 565 N.Y.S.2d 334, lv. denied 76 N.Y.2d 861, 560 N.Y.S.2d 10......
  • People v. Gensler
    • United States
    • New York Court of Appeals
    • July 6, 1988
    ...should be upheld when he complies with the letter and spirit of a set of governing statutes. This is different from People v. Armlin 37 N.Y.2d 167, 371 N.Y.S.2d 691, 332 N.E.2d 870 where the trial court deviated from the express statutory prescription of defendant's rights ( see also, Peopl......
  • Request a trial to view additional results
124 cases
  • Harris v. Kuhlmann, No. 00-2740.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • October 10, 2003
    ...argument without specific comment. See People v. Harris, 160 A.D.2d at 726, 555 N.Y.S.2d at 608 (citing, inter alia, People v. Armlin, 37 N.Y.2d 167, 371 N.Y.S.2d 691, 332 N.E.2d 870 (1975), and People v. Corwise, 120 A.D.2d 604, 502 N.Y.S.2d 223 (2d Dep't 1986)). The District Court conclud......
  • People v. Thomas
    • United States
    • New York Supreme Court Appellate Division
    • May 19, 1980
    ...(Haynes v. United States, 390 U.S. 85, 88 S.Ct. 722, 19 L.Ed.2d 923), the competency of the defendant to stand trial (People v. Armlin, 37 N.Y.2d 167, 371 N.Y.S.2d 691, 332 N.E.2d 870; People v. Francabandera, 33 N.Y.2d 429, 354 N.Y.S.2d 609, 310 N.E.2d 292), and a defective indictment whic......
  • People v. Alomar
    • United States
    • New York Court of Appeals
    • March 30, 1999
    ...A.D.2d 691, 610 N.Y.S.2d 834), as well as cases where it was specifically decreed that a different Judge preside (see, People v. Armlin, 37 N.Y.2d 167, 173, 371 N.Y.S.2d 691, 332 N.E.2d 870; People v. McDaniel, 168 A.D.2d 926, 928, 565 N.Y.S.2d 334, lv. denied 76 N.Y.2d 861, 560 N.Y.S.2d 10......
  • People v. Gensler
    • United States
    • New York Court of Appeals
    • July 6, 1988
    ...should be upheld when he complies with the letter and spirit of a set of governing statutes. This is different from People v. Armlin 37 N.Y.2d 167, 371 N.Y.S.2d 691, 332 N.E.2d 870 where the trial court deviated from the express statutory prescription of defendant's rights ( see also, Peopl......
  • Request a trial to view additional results

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