Fourth Department - Competency: People v. Newsome

Daily Record Staff//January 28, 2022//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Competency

History of mental health issues

People v. Newsome

KA 17-01377

Appealed from Ontario County Court

Background: The defendant appealed from his conviction of criminal sale of a controlled substance. He argues that it was in error for the court to order a competency hearing.

Ruling: The Appellate Division affirmed. The court concluded that there were no indications that the defendant was unable to understand the proceedings. The record established that the court conducted a thorough plea colloquy and that the defendant’s answers were in all respects appropriate. Furthermore, although the defendant advised the court of his mental health issues, it is well established that a history of psychiatric illness does not in itself call into question the defendant’s competence.

John A. Cirando, of D.J. & J.A. Cirando, for the defendant-appellant; V. Christopher Eaggleston, of the district attorney’s office, for the respondent.