PEOPLE v. GENSLER


72 N.Y.2d 239 (1988)

The People of the State of New York, Respondent, v. Mark W. Gensler, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1988.


Attorney(s) appearing for the Case

Frank J. Nebush, Jr., Public Defender (Esther Cohen Lee of counsel), for appellant.

Barry M. Donalty, District Attorney (William M. Weber of counsel), for respondent.

Chief Judge WACHTLER and Judges ALEXANDER and TITONE concur with Judge BELLACOSA; Judge HANCOCK, JR., dissents and votes to reverse in a separate opinion in which Judges SIMONS and KAYE concur.


BELLACOSA, J.

Defendant, by plea of guilty, was convicted of several felonies, including robbery and assault in the second degree, and the Appellate Division affirmed. The issue is whether reversible error was committed by the trial court's refusal to conduct, sua sponte, a competency-to-stand-trial hearing after the Director of Mid-Hudson Psychiatric Center certified defendant as competent.

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