People v. Hall
| Decision Date | 13 December 1990 |
| Citation | 562 N.Y.S.2d 641,168 A.D.2d 310 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Stanley HALL, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before KUPFERMAN, J.P., and SULLIVAN, ROSS, ELLERIN and RUBIN, JJ.
Judgment, Supreme Court, Bronx County (Robert Johnson, J., at plea; Angela Mazzarelli, J., on motion to withdraw plea and at sentencing), rendered September 13, 1988, convicting defendant of assault in the second degree, and sentencing him to an indeterminate term of 3 to 6 years imprisonment, unanimously affirmed.
On November 4, 1987, defendant, who was charged with attempted murder, waived indictment and pleaded guilty to assault in the second degree, in exchange for a promised sentence of 3 to 6 years. Earlier, while in custody awaiting arraignment defendant attempted suicide by hanging, and was transferred to Kings County Hospital between October 30th and November 3rd, where he received anti-psychotic drugs and tranquilizers. On November 3rd, the day before he pleaded guilty, defendant was again transferred to Bellevue Hospital, where he received Vistaril, a tranquilizer, and Benedryl, a sleeping medication.
Defendant, represented by new counsel, moved prior to sentencing to withdraw his plea, on the ground that defendant was confused by the medications he was receiving and was therefore unable to voluntarily and intelligently plead guilty. A hearing was held, at which the only witness was defendant's prior Legal Aid counsel. Defendant also submitted voluminous records of his hospitalization. The court (Mazzarelli, J.), in a written decision, after careful and exhaustive analysis of both the testimony and the hospital records, denied the motion and imposed the agreed-upon sentence.
Defendant now argues that the motion should have been granted, and additionally, that the failure to adduce expert psychiatric testimony at the hearing constituted ineffective assistance of counsel.
We note, at the outset, although the point is not raised, that defendant's suicide attempt, if interpreted as indicative of mental illness, nevertheless did not in itself require a hearing as to defendant's competency. (See, generally, People v. Gensler, 72 N.Y.2d 239, 532 N.Y.S.2d 72, 527 N.E.2d 1209, cert denied, 488 U.S. 932, 109 S.Ct. 323, 102 L.Ed.2d 341). Indeed, defendant's first counsel testified at the hearing to withdraw the plea, that defendant appeared to be rational. The...
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Kohler v. Kelly
...a hearing as to the defendant's competency, nor does it show that the defendant lacked volitional competency. People v. Hall, 168 A.D.2d 310, 562 N.Y.S.2d 641 (1st Dept.1990); People v. Melvin, 99 A.D.2d 517, 470 N.Y.S.2d 690 (2d Dept.1984). Kohler's attempted suicide was not enough to aler......
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...and attempted suicide prior to his plea ( see People v. Kennedy, 34 A.D.2d 856, 310 N.Y.S.2d 646 [1970]; compare People v. Hall, 168 A.D.2d 310, 562 N.Y.S.2d 641 [1990], lv. denied 77 N.Y.2d 906, 569 N.Y.S.2d 938, 572 N.E.2d 621 [1991] ). As no evidence was offered to substantiate defendant......
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...received meaningful representation (see, People v. Benevento, 91 N.Y.2d 708, 674 N.Y.S.2d 629, 697 N.E.2d 584; People v. Hall, 168 A.D.2d 310, 311, 562 N.Y.S.2d 641, lv. denied 77 N.Y.2d 906, 569 N.Y.S.2d 938, 572 N.E.2d We have considered and rejected defendant's remaining claims. RUBIN, J......
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People v. Hall
...938 569 N.Y.S.2d 938 77 N.Y.2d 906, 572 N.E.2d 621 People v. Hall (Stanley) COURT OF APPEALS OF NEW YORK Mar 06, 1991 Simons, J. 168 A.D.2d 310, 562 N.Y.S.2d 641 App.Div. 1, Bronx Denied ...