People v. Campbell
| Decision Date | 18 January 2001 |
| Citation | 279 A.D.2d 797,718 N.Y.S.2d 744 |
| Parties | (A.D.3 Dept. 2001) THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALAN W. CAMPBELL, Appellant. 11489 : THIRD JUDICIAL DEPARTMENT |
| Court | New York Supreme Court — Appellate Division |
Randall E. Kehoe, Albany, for appellant.
Gerald F. Mollen, District Attorney (Joseph F. Romani of counsel), Binghamton, for respondent.
Before: Crew III, J.P., Spain, Mugglin, Rose and Lahtinen, JJ.
Crew III, J.P.
Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered July 26, 1999, upon a verdict convicting defendant of the crimes of attempted assault in the first degree and reckless endangerment in the first degree.
On March 18, 1998, two police officers went to defendant's apartment with his adult protective social services worker, who was concerned for defendant's safety. At that time, defendant confronted them with a gun and fired at least one shot in their direction. As a consequence, defendant was indicted and charged with one count of attempted murder in the first degree, one count of attempted assault in the first degree, one count of reckless endangerment in the first degree and two counts of menacing in the second degree. Following a jury trial, defendant was acquitted of the charge of attempted murder in the first degree and found guilty of attempted assault in the first degree and reckless endangerment in the first degree.1 County Court sentenced defendant to indeterminate terms of imprisonment of 7½ to 15 years for attempted assault and 2 to 7 years for reckless endangerment. Defendant appeals.
We affirm. We find no merit to defendant's contention that the verdict is inconsistent because the crimes of attempted assault and reckless endangerment require different mental states and cannot be committed by the same physical act. Here, the act of shooting is the same for the attempted assault and the reckless endangerment, but because the two crimes contemplate entirely distinct results there can be no inconsistency in the verdict. As the Court of Appeals has instructed, (People v Trappier, 87 NY2d 55, 59).
We likewise reject defendant's contention that he should have been determined incompetent to stand trial based upon the testimony of two psychiatrists who were of that opinion. As a starting point, it is appropriate to reiterate the well-established axiom that a determination of fitness to proceed is a judicial, not a medical, one (see, People v Tortorici, 249 AD2d 588, 589, affd 92...
To continue reading
Request your trial
-
People v. Babcock
...and not a medical one" ( People v. Phillips, 16 N.Y.3d at 517, 924 N.Y.S.2d 4, 948 N.E.2d 428 ; see People v. Campbell, 279 A.D.2d 797, 798, 718 N.Y.S.2d 744 [2001], lv. denied 96 N.Y.2d 826, 729 N.Y.S.2d 446, 754 N.E.2d 206 [2001] ), and we accord considerable deference to a trial court's ......
-
People v. Bostic
...1018, 1018–1019, 909 N.Y.S.2d 170 [2010], lv denied 16 N.Y.3d 800, 919 N.Y.S.2d 517, 944 N.E.2d 1157 [2011] ; People v. Campbell, 279 A.D.2d 797, 798, 718 N.Y.S.2d 744 [2001], lv denied 96 N.Y.2d 826, 729 N.Y.S.2d 446, 754 N.E.2d 206 [2001] ). Here, Supreme Court, sua sponte, ordered that d......
-
People v. Kendall
...1018, 1018–1019, 909 N.Y.S.2d 170 [2010], lv. denied 16 N.Y.3d 800, 919 N.Y.S.2d 517, 944 N.E.2d 1157 [2011]; People v. Campbell, 279 A.D.2d 797, 798, 718 N.Y.S.2d 744 [2001], lv. denied 96 N.Y.2d 826, 729 N.Y.S.2d 446, 754 N.E.2d 206 [2001] ). Defendant was examined by two psychiatrists an......
-
People v. Surdis
...A.D.3d 1040, 1042, 860 N.Y.S.2d 281 [2008], lv. denied 11 N.Y.3d 833, 868 N.Y.S.2d 607, 897 N.E.2d 1091 [2008]; People v. Campbell, 279 A.D.2d 797, 798, 718 N.Y.S.2d 744 [2001], lv. denied 96 N.Y.2d 826, 729 N.Y.S.2d 446, 754 N.E.2d 206 [2001] ). Defendant's related claim that one of the cr......