PEOPLE v. SANTANA


80 N.Y.2d 92 (1992)

The People of the State of New York, Respondent, v. Emanuel Santana, Appellant.

Court of Appeals of the State of New York.

Decided July 7, 1992.


Attorney(s) appearing for the Case

Stanley Neustadter for appellant.

Richard A. Brown, District Attorney (Annette Cohen and Barbara D. Underwood of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS and KAYE concur with Judge HANCOCK, JR.; Judge TITONE and BELLACOSA dissent in part and vote to reverse and dismiss the indictments in a separate opinion.


HANCOCK, JR., J.

Defendant was indicted for forcible rape and robbery, first degree sexual abuse and other crimes for three separate incidents in Queens in which he attacked different women at knifepoint. He pleaded not guilty by reason of insanity. At the jury trial, the only issue was whether defendant lacked the mental capacity to commit the crimes by reason of mental disease or defect (Penal Law § 40...

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