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People v. Gibbons

The People of the State of New York v. Thomas Gibbons

People v. Gibbons, 63 Misc. 2d 354 (N.Y. Sup. Ct. 1970)
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Court
New York Supreme Court · State Trial Courts
Decided
May 28, 1970
Judges
Kupperman, Theodore
Citations
63 Misc. 2d 354311 N.Y.S.2d 7701970 N.Y. Misc. LEXIS 1578

Opinion of the Court — Theodorekupperman

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Theodore it. Kupperman, J.

A hearing was held on the question of whether the defendant is ‘4 in such state of idiocy, imbecility or insanity as to be incapable of understanding the charge against him, or the proceedings or of making his defense ” (Code Crim. Pro., § 662). See in this connection the recent case of People v. Swallow ( 60 Misc 2d 171 ).

After hearing for the People, one of the psychiatrists, who conducted the original examination to the effect that the defendant was competent to stand trial, and another qualified psychiatrist for the defense to the effect that he was not competent, I concluded that the People had sustained the burden of proof by a preponderance of the evidence to the effect that the defendant was not “ in such state of idiocy, imbecility or insanity as to be incapable of understanding the charge against him, or the proceedings or of making his defense ”. However, I indicated that this was not so “ beyond a reasonable doubt ”,

Accordingly, the question became one of which standard should apply. A recent article on the front page of the New York Law Journal under “Notes and Views” is entitled ‘ ‘ Illegal Search, Seizure: Burden of Proof and Burden of Going Forward ” by Salvatore F. Quagliata (May 19, 1970).

*355 This article analyzes various of the problems involved in connection with criminal trials. In the case of illegal search and seizure, the burden is on the defendant by a preponderance. Where the question is one of a voluntary confession, the burden is on the People beyond a reasonable doubt.

Where the problem is one of a tainted identification, the burden is on the People beyond a reasonable doubt to show that the confession is not tainted.

What should be the rule in a hearing to determine competency to stand trial?

It would seem to me that the rationale on confession and identification requiring proof beyond a reasonable doubt is, because this goes to the question of guilt or innocence on the specific charge. However, in the ordinary situation, preponderance should be sufficient where the question is collateral to the charge and accordingly that is the standard that should be set here.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1972: 11973: 21974: 11975: 11976: 11977: 119722026peak 1973 · 2

Relies on it most ⓘ

  1. People v. Veda73 Misc. 2d 857 (N.Y. City Crim. Ct. 1973)
  2. People v. Miller84 Misc. 2d 310 (N.Y. City Crim. Ct. 1975)
  3. People v. Santos43 A.D.2d 73 (1973)
  4. Lublin v. Central Islip Psychiatric Center56 A.D.2d 1 (1977)
  5. In re Miller73 Misc. 2d 690 (1972)
  6. People v. Reason44 A.D.2d 533 (1974)

Most recent

  1. Lublin v. Central Islip Psychiatric Center56 A.D.2d 1 (1977)
  2. People v. Sanchez86 Misc. 81 (N.Y. City Crim. Ct. 1976)
  3. People v. Miller84 Misc. 2d 310 (N.Y. City Crim. Ct. 1975)
  4. People v. Reason44 A.D.2d 533 (1974)
  5. People v. Santos43 A.D.2d 73 (1973)
  6. People v. Veda73 Misc. 2d 857 (N.Y. City Crim. Ct. 1973)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
People v. Swallow, 60 Misc. 2d 171 (N.Y. Sup. Ct. 1969) 13

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