People v. McCabe
| Decision Date | 12 April 1982 |
| Citation | 449 N.Y.S.2d 245,87 A.D.2d 852 |
| Parties | The PEOPLE, etc., Respondent, v. Arthur McCABE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
John F. Middlemiss, Jr., Hauppauge (Scott J. Salimando, Selden, of counsel), for appellant.
Patrick Henry, Dist. Atty., Riverhead (Marion T. McNulty, Asst. Dist. Atty., Hauppauge, of counsel), for respondent.
Before TITONE, J. P., and WEINSTEIN, O'CONNOR and RUBIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the County Court, Suffolk County, rendered April 21, 1980, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
Case remitted to the County Court, Suffolk County, to a Judge other than the Judge who accepted the plea and sentenced defendant, to hear and report, pursuant to subdivision 4 of CPL 730.30, as to the defendant's mental capacity at the time of his plea and sentence. The County Court is to file its report with all convenient speed; the appeal is held in abeyance in the interim.
In early September, 1979 the defendant was indicted on charges of robbery in the first degree (3 counts) and attempted murder in the first degree, as the result of a bank robbery. At about the same time, defendant's counsel requested the County Court to issue an order for the psychiatric examination of his client, pursuant to CPL 730.20. On September 14, 1979 the court issued the necessary order and thereafter two psychiatrists were named to conduct the examination of defendant. The two doctors saw and examined defendant on three occasions in September and October of 1979 and they both filed reports with the court stating that, in their opinion, the defendant was suffering from schizophrenia, paranoid type, and was not competent to assist in his own defense.
The People subsequently moved for an examination of defendant by a psychiatrist selected by them and on February 8, 1980 such an examination was had, pursuant to court order. The People's psychiatrist came to the conclusion that defendant was malingering and that he was competent to assist in his own defense.
The parties appeared in court on March 6, 1980 and when the Judge inquired about a hearing, pursuant to article 730 of the Criminal Procedure Law, he was informed by defense counsel that he had read the reports of the psychiatrists and was in agreement with the People's doctor that defendant was competent. He stated further that he had had several conferences with defendant and that he, counsel, was convinced that defendant was competent. Defense counsel then moved that the court accept the report of the People's psychiatrist. An Assistant District Attorney joined in that motion.
The court then voir dired the defendant to satisfy himself that he knew what was going on and finally asked defendant if he also joined in the motion. Defendant answered in the affirmative. The parties then entered into a plea bargain under the terms of which defendant pleaded guilty to one count of robbery in the first degree in satisfaction of all the counts of the indictment. On April 21, 1980, defendant was sentenced to the agreed term of imprisonment.
The court was in error in permitting defendant to plead guilty without first ordering a hearing as to defendant's competence pursuant to subdivision 4 of CPL 730.30. That section is mandatory and not discretionary. Furthermore the law is well settled that:
"If at any time before final judgment in a criminal action it shall appear to the court that there is a reasonable ground for believing that a defendant is in such state of idiocy, imbecility or insanity that he is incapable of understanding the charge, indictment or proceedings or of...
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