PEOPLE v. SALMON


67 A.D.2d 758 (1979)

The People of the State of New York, Respondent, v. John Robert Salmon, Appellant

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

January 11, 1979


The defendant, on this appeal, contends that it was error to accept his plea of guilty because of the court's failure to inquire into defendant's mental competence at the time of sentencing. CPL 730.30 (subd 1) permits the court to issue an order of examination when it is of the opinion that the defendant may be an incapacitated person. After a defendant has been convicted on a plea of guilty or after trial, the People are not required to assume the burden again of establishing...

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