People v. Hill
| Decision Date | 08 July 1960 |
| Citation | 8 N.Y.2d 935,204 N.Y.S.2d 172,168 N.E.2d 841 |
| Parties | , 168 N.E.2d 841 PEOPLE, etc., Respondent-Appellant, v. Wilbur HILL, Appellant-Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 9 A.D.2d 451, 195 N.Y.S.2d 295.
The defendant filed an application for writ of error coram nobis to vacate judgment of conviction for second-degree murder. The County Court, Suffolk County, Fred J. Munder, J., rendered an order denying the application without hearing, and the defendant appealed.
The Appellate Division, Wenzel, J., 9 A.D.2d 451, 195 N.Y.S.2d 295, reversed the order on the law and the facts, and granted application to extent of directing that hearing he held to determine facts with respect to defendant's mental condition during time limited by statute for the taking of an appeal from the judgment of conviction, and to determine the relief to which the defendant would be entitled, if any. The Appellate Division held that remedy of coram nobis is available where claim is that defendant was mentally incapacitated at times of his trial and conviction, but that assertions in the petition and in the attorney's supporting affidavit that defendant was mentally incapacitated at those times did not constitute a proper basis on which to require the granting of relief, bearing in mind the discretion lodged in the trial court in determining whether to order a mental examination of a defendant, and the presumption of regularity that attaches to the exercise of discretion as to that. The Appellate Division, however, held that defendant should have been granted a hearing as to his mental condition during period allowed by statute for taking appeal, where allegation that defendant was insane after trial was undenied, and he had a history of mental illness, and prison psychiatrist, about 13 months after sentence, gave opinion that defendant was insane and that siege of insanity had begun about six months previously.
The Appellate Division, 10 A.D.2d 631, 197 N.Y.S.2d 439, denied motion of the defendant for reargument.
Cross-appeals were taken by the People of the State of New York and by the defendant, and motion was made in the Court of Appeals to have the appeal heard on the original record and typewritten briefs and for assignment of counsel.
The Court of Appeals, 7 N.Y.2d 1048, 200 N.Y.S.2d 434, granted motion to have the appeal heard on the original record and typewritten briefs and for assignment of counse...
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