People v. Rock

Decision Date02 June 1977
Citation397 N.Y.S.2d 382,42 N.Y.2d 845
Parties, 366 N.E.2d 83 The PEOPLE of the State of New York, Respondent, v. Albert Roy ROCK, Appellant.
CourtNew York Court of Appeals Court of Appeals

Order affirmed. In view of the findings below, this court is obliged to affirm.

All concur.

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3 cases
  • People v. Parmes
    • United States
    • New York Supreme Court — Appellate Division
    • June 23, 1986
    ... ...         Where conflicting medical testimony is offered, the question of sanity is for the trier of fact to decide (see, People v. Gilbert, 103 A.D.2d 967, 479 N.Y.S.2d 782; People v. Rock, 49 A.D.2d 666, affd. 42 N.Y.2d 845, 397 N.Y.S.2d 382, 366 N.E.2d 83). As there was no serious flaw in the testimony of the People's expert, the Trial Judge's finding of sanity should not be disturbed on appeal (see, People v. Mainville, 59 A.D.2d 809, 398 N.Y.S.2d 1012; People v. Wood, 12 ... ...
  • People v. Mainville
    • United States
    • New York Supreme Court — Appellate Division
    • October 27, 1977
    ... ... Hari, 30 A.D.2d 1046, 294 N.Y.S.2d 759 (no expert opinion to rebut defendant's expert proof of insanity)). Absent such flaws, the jury's finding of sanity will not be disturbed (People v. Wood, 12 N.Y.2d 69, 236 N.Y.S.2d 44, 187 N.E.2d 116; People v. Rock, 49 A.D.2d 666, affd. 42 N.Y.2d 845, 397 N.Y.S.2d 382, 366 ... ...
  • People v. Burns
    • United States
    • New York Supreme Court — Appellate Division
    • November 14, 1989
    ... ... It is the duty of the trier of fact to evaluate and resolve conflicting medical testimony and that determination generally should not be disturbed on appeal. People v. Rock, 49 A.D.2d 666, aff'd, 42 N.Y.2d 845, 397 N.Y.S.2d 382, 366 N.E.2d 83. Further, defendant has failed to demonstrate that the People's expert relied upon an inaccurate presumption, in rejecting the substance of her medical testimony that she did not intentionally commit murder because she suffered ... ...

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