PEOPLE v. MAC CUMBER


46 A.D.2d 938 (1974)

The People of the State of New York, Respondent, v. Frank G. Mac Cumber, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 18, 1974


On this appeal, the defendant first argues that it was error for the trial court to accept his guilty plea without holding a hearing to determine his mental competence to stand trial. This contention is without merit, however, because the psychiatric report submitted to the court concerning the defendant found him "not to be mentally incapacitated and able to stand trial", and neither the defendant nor the District Attorney moved for a hearing on the matter. In such circumstances...

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