AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COLIN FERGUSON, Appellant.

Ordered that the judgment is affirmed.

The court properly determined, after a hearing, that the defendant was competent to stand trial ( see, CPL 730.10). The People sustained their burden of establishing the defendant's fitness through the expert testimony of two psychiatrists ( see, People v. Pulecio, 237 A.D.2d 633; People v. Vandemark, 225 A.D.2d 716, 717; People v. Supino, 202 A.D.2d 454; People v. Orama, 150 A.D.2d 505, 506; People v. Allen, 135 A.D.2d 823; People v. Breeden, 115 A.D.2d 484).

Contrary to the defendant's contentions, neither the fact that the defense-retained psychiatrist disagreed with the conclusion of the two court-appointed experts, nor the fact that the defendant opted to reject a "black rage" insanity defense dictated a ruling that he was unfit for trial. As this Court has previously observed, "[w]here the hearing court is presented with conflicting evidence of competency, great deference [is] accorded its findings" ( People v. Gordon, 125 A.D.2d 587, 588; People v. Allen, supra, at 823; People v. Breeden, supra, at 484). In addition, the defendant's decision not to pursue an insanity defense does not, in and of itself, indicate incompetence ( see, People v. Reason, 37 N.Y.2d 351, 352-353; People v. Dyer, 128 A.D.2d 719, 720; People v. Morton, 173 A.D.2d 1081, 1084; People v. Allen, supra, at 823; People v. Picozzi, 106 A.D.2d 413, 414).

The court properly permitted the defendant to appear pro se, since a defendant who is competent to stand trial is necessarily competent to waive his right to counsel and proceed pro se (see, People v. Reason, supra, at 353-354; People v. Schoolfield, 196 A.D.2d 111, 116).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Miller, J. P., Thompson, Friedmann and McGinity, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. FERGUSON
(Mar 30, 1998)