PEOPLE v. DELRIO


220 A.D.2d 122 (1996)

646 N.Y.S.2d 117

The People of the State of New York, Respondent, v. Humberto DelRio, Appellant

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

June 17, 1996


Attorney(s) appearing for the Case

Robert C. Mitchell, Riverhead (Monroe A. Semble of counsel), for appellant.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Karen Petterson, Susan Braitman, Patricia Murphy and Steven A. Hovani of counsel), for respondent.

THOMPSON, J. P., ALTMAN and McGINITY, JJ., concur.


GOLDSTEIN, J.

In the early morning of April 21, 1991, the defendant entered Big Barry's restaurant, and shot and killed his wife, her co-worker, and an off-duty Suffolk County police officer. He stands convicted of three counts of murder in the second degree.

On appeal, the defendant contends, inter alia, that the trial court erred when it directed him to submit to a psychiatric examination by...

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