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PEOPLE v. HAKNER

34 N.Y.2d 822 (1974)

The People of the State of New York, Respondent, v. Richard Hakner, Appellant.

Court of Appeals of the State of New York.

Decided June 12, 1974.

Attorney(s) appearing for the Case

Benjamin Heinrich and William E. Hellerstein for appellant.

Richard H. Kuh, District Attorney (Anthony J. Girese and Lewis R. Friedman of counsel), for respondent.

Chief Judge BREITEL and Judges JONES, WACHTLER, RABIN and STEVENS concur in memorandum; Judge GABRIELLI concurs in a separate memorandum in which Judge JASEN concurs.

MEMORANDUM.

The order of the Appellate Term should be affirmed. Unlike the situation in People v. Silver (33 N.Y.2d 475), recently decided by this court, defendant in this case knowingly and intentionally committed an act which flowed from mental disease or defect. He was, therefore, beyond any doubt, incapable of conforming his conduct to the requirements of law. The standard, however...

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