PEOPLE v. HERNANDEZ-BELTRE

2014-01017, Ind. No. 1903/10.

157 A.D.3d 814 (2018)

69 N.Y.S.3d 336

2018 NY Slip Op 00307

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SPENCER HERNANDEZ-BELTRE, Appellant.

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

Decided January 17, 2018.


Ordered that the judgment, as amended, is reversed, on the facts, and the matter is remitted to the Supreme Court, Queens County, for the issuance of an examination order pursuant to CPL 330.20, and further proceedings thereafter.

In July 2010, the then-19-year-old defendant sexually assaulted and raped his mother. The defendant asserted the affirmative defense of lack of criminal responsibility by reason of mental disease or defect (Penal Law § 40.15). After...

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