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eBook details

• Title: People State New York v. Herbert Wright
• Author : Supreme Court of New York
• Release Date : January 07, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

[105 A.D.2d 1088 Page 1088] Case held, decision reserved, and matter remitted to Monroe County Court for further proceedings, in accordance with the following memorandum: Defendant, on appeal from his conviction after a jury trial of assault, first degree, stemming from an incident in which he stabbed his girlfriend 18 times, urges that the trial court erred in failing to make pretrial and posttrial determinations concerning the ability of defendant, who could not remember anything concerning the incident to receive a fair trial (see Wilson v United States, 391 F2d 460; People v Francabandera, 33 N.Y.2d 429; People v Frisbee, 55 A.D.2d 996). Our review of the record in light of the factors outlined in Wilson and approved in Francabandera leads us to conclude that defendant's amnesia did not deprive him of a fair trial. We note in particular that the evidence of defendant's guilt -- including testimony of the victim and of an eyewitness to the stabbing -- is overwhelming; that the prosecution made available all of its evidence to defense counsel; and that defendant was able adequately to place before the jury the only defense he attempted to raise, i.e., that he was taking medication which could account for his actions.

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