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PEOPLE v. PETERSON

40 N.Y.2d 1014 (1976)

The People of the State of New York, Respondent, v. William Peterson, Appellant.

Court of Appeals of the State of New York.

Decided December 20, 1976.

Attorney(s) appearing for the Case

David Otis Fuller, Jr., for appellant.

Mario Merola, District Attorney (Vincent L. Gambale of counsel), for respondent.

Chief Judge BREITEL and Judges JONES, WACHTLER and FUCHSBERG concur in memorandum; Judge JASEN dissents in part and votes to modify in a separate opinion in which Judges GABRIELLI and COOKE concur.

MEMORANDUM.

Order of the Appellate Division reversed, the judgment vacated, and a new trial ordered. The trial court abused its discretion by denying several applications for a psychiatric examination of defendant's capacity to stand trial (CPL 730.30, subd 1). At trial, defendant made several incoherent outbursts, which, taken together, placed defendant's competence in doubt. The District Attorney concedes that there should...

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