203 Misc. 191 | New York County Courts | 1952
The defendant is charged with murder, first degree.
Because of his history of retardation in school and a prior commitment to the Wassaic State School as a mental defective, I committed him to Kings County Hospital for mental examination. The hospital examiners reported to me that the defendant is a mental defective, but is capable of understanding the charge against him, the proceedings against him and of making his defense.
A hearing has been held before me. It is my opinion as a result of such hearing that the defendant, Greene, is not” mentally capable of proceeding to trial — I have thus overruled the findings of the hospital examiners. I base my ruling not alone on my questioning and observation of Greene, but also on the testimony of the District Attorney’s psychiatrist and two psychiatrists appointed by me to advise with the defendant’s assigned counsel.
The statutes in question (Code Crim. Pro., §§ 662, 662-a, 662-b, 662-c) are clear that the court may find that a defendant is capable of proceeding with the trial even though the official hospital examiners report him insane. These statutes, however, do not specifically provide that the court may find a defendant insane when the official examiners report him to be sane.
Nevertheless, I rule that the court has such power.
There are no reported cases in this State on that point.
Chapter V of title XII (§§ 658 to 662-f) of the Code of Criminal Procedure was enacted in 1939 by chapter 861 of the Laws of that year. This omnibus amendment which abolished the old lunacy commissions and substituted the present procedure of appointing official qualified examiners was introduced by Senator Desmond. The Senator in his memorandum to the Governor urging approval of his bill, stated: “ The court at all times retains its complete discretion. The reports of the psychiatrists are in no way binding upon the court, but only advisory for the court’s information. The court may reject the psychiatrists’ recommendations. If it be dissatisfied with their report, the court may appoint a third psychiatrist. Even then the court may do what it thinks appropriate. It is not compelled to carry out "the psychiatrists’ recommendations under any circumstances. ’ ’
While the 1942 amendment again did not in explicit language clarify the law, I conclude that the legislative intention is clear to allow the court complete discretion to determine whether or not a defendant is capable of proceeding to trial irrespective of the findings of the official examiners.
It is my conclusion that Irving Greene is presently 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. He is committed to Matteawan State Hospital until he is sufficiently recovered so that the proceedings against him may be resumed.