Opinion · New York Court of Appeals

People v. Bangert

People v. Bangert, 22 N.Y.2d 799 (New York Court of Appeals 1968)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1968-06-14
Topic
general

Judgment reversed and matter remitted to the County Court for further proceedings in accordance with the following memorandum : The judgment should be reversed and the case remitted to the County Court for a hearing to determine whether the defendant was competent at the time of sentencing (Code Grim. Pro., § 658 et seq.). Defendant’s history of mental illness, as indicated by the presentence report, was such that the sentencing court was bound to make some inquiry into defendant’s mental condition at the time of sentencing, whether or not counsel raised the issue. (People v. Boundy, 10 N Y 2d 518; People v.

Citator

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Cited by
25 opinions

Judgment reversed and matter remitted to the County Court for further proceedings in accordance with the following memorandum : The judgment should be reversed and the case remitted to the County Court for a hearing to determine whether the defendant was competent at the time of sentencing (Code Grim. Pro., § 658 et seq.). Defendant’s history of mental illness, as indicated by the presentence report, was such that the sentencing court was bound to make some inquiry into defendant’s mental condition at the time of sentencing, whether or not counsel raised the issue. (People v. Boundy, 10 N Y 2d 518; People v. Sprague, 11 N Y 2d 951.)

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.