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PEOPLE v. BROWN

13 N.Y.2d 201 (1963)

The People of the State of New York, Respondent, v. Howard Brown, Appellant.

Court of Appeals of the State of New York.

Decided November 21, 1963.

Attorney(s) appearing for the Case

Harold R. Moore, Jr., for appellant.

Leonard Rubenfeld, District Attorney (James J. Duggan of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, BURKE, FOSTER and SCILEPPI concur with Judge FULD; Judge VAN VOORHIS dissents and votes to reverse and to remand the matter for a hearing upon the ground that an issue of fact is presented concerning whether relator's certification as mentally ill and his transference to Dannemora State Hospital shortly after his conviction may indicate that he was mentally ill at the time of the trial and during the pendency of his appeal (People v. Sprague, ; People v. Boundy, ).

FULD, J.

The defendant, indicted by the Westchester County Grand Jury for robbery in the first degree, pleaded not guilty. His trial, however, was suspended when he was found to be in such state of "insanity" as to be incapable of understanding the charge or proceedings against him or of making his defense (Code Crim. Pro., § 662-b). Committed to Matteawan State Hospital, he remained there until the Fall...

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