PEOPLE v. PHIPPS


220 A.D.2d 238 (1995)

631 N.Y.S.2d 853

The People of the State of New York, Respondent, v. Ronald Phipps, Appellant

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

October 5, 1995


The court correctly found that defendant understood the proceedings against him and could meaningfully consult with his lawyer and assist in his defense (Dusky v United States, 362 U.S. 402). The court had an obligation to weigh the conflicting opinions of the experts and was not obligated to accept the latest opinion of the expert who had changed his mind.

Given that each of the doctors explicitly informed defendant before interviewing...

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