People v. McMillan
| Decision Date | 21 February 1995 |
| Citation | 212 A.D.2d 445,622 N.Y.S.2d 935 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Herman McMILLAN, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
S.P. Levy, for respondent.
T.L. Mazza, for defendant-appellant.
Before WALLACH, J.P., and RUBIN, ROSS, ASCH and MAZZARELLI, JJ.
Judgment, Supreme Court, Bronx County (John Collins, J.), rendered December 5, 1990, convicting defendant, after a jury trial, of two counts of rape in the first degree, two counts of sodomy in the first degree, five counts of sexual abuse in the first degree, three counts of reckless endangerment in the first degree, and ten counts of assault in the second degree, and sentencing him to two consecutive terms of 8 1/3 to 25 years on the rape counts, to be served concurrently with concurrent terms of 8 1/3 to 25 years on each sodomy count, 1 to 3 years on each sexual abuse count, 2 1/3 to 7 years on each reckless endangerment count, and 1 year on each assault count, unanimously affirmed. Orders, same court and Justice, entered on or about January 27, 1994, and February 28, 1994, which denied, respectively, defendant's motion to vacate the same judgment of conviction, and defendant's motion to unseal a record and produce minutes, unanimously affirmed.
The record amply supports the court's determination that defendant was not an incapacitated person. The hearing court, whose evaluation of expert testimony and lengthy observation of defendant are entitled to substantial deference (People v. Robustelli, 189 A.D.2d 668, 672, 592 N.Y.S.2d 704, lv. denied 81 N.Y.2d 975, 598 N.Y.S.2d 777, 615 N.E.2d 234), properly accepted the conclusions of the psychiatrist who evaluated defendant at great length in a hospital setting. Defendant's irrational refusal to cooperate with his attorney at various stages of the proceedings (see, 148 Misc.2d 738, 561 N.Y.S.2d 512) did not establish incompetency to stand trial (see, People v. Sullivan, 48 A.D.2d 398, 400, 369 N.Y.S.2d 744, affd. 39 N.Y.2d 903, 386 N.Y.S.2d 399, 352 N.E.2d 586).
The competency hearing was not procedurally defective. The initial examination by two psychiatrists complied with the requirements of CPL 730.20(1), and the hearing court, after honoring defendant's right to call an expert witness at the hearing, had discretion to deny, on grounds of unreasonable delay, examination by yet another expert (see, People v. Christopher, 65 N.Y.2d 417, 425, 492 N.Y.S.2d 566, 482 N.E.2d 45).
Defendant's motion to vacate the...
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...objection, "to reject the use of an insanity defense" (People v. McMillan, 148 Misc.2d 738, 741, 561 N.Y.S.2d 512, affd. 212 A.D.2d 445, 622 N.Y.S.2d 935; People v. MacDowell, 133 Misc.2d 944, 508 N.Y.S.2d 870; see also, People v. Morton, 173 A.D.2d 1081, 570 N.Y.S.2d 846). Moreover, we not......
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...refusal to cooperate with his attorney at various stages of the proceedings does not constitute incapacity. ( People v. McMillan, 212 A.D.2d 445, 446 [1st Dept 1995].) For instance, Dr. Radcliffe's report reflects that the Defendant was angry and upset at the beginning of their interview. H......
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People v. McMillan
...629 N.Y.S.2d 736 85 N.Y.2d 976, 653 N.E.2d 632 People v. Herman McMillan Court of Appeals of New York May 12, 1995 Levine, J. 212 A.D.2d 445, 622 N.Y.S.2d 935 App.Div. 1, Bronx Denied. ...