New York Court of Appeals

The People of the State of New York, Respondent v. Ralph J. Tortorici, Appellant

February 18, 199992 N.Y.2d 757

Summary

The Court of Appeals affirmed the Appellate Division, holding that the trial court did not abuse its discretion by refusing to order a sua sponte competency hearing despite a forensic psychiatrist’s report, because the defendant had been previously certified fit, counsel repeatedly affirmed competence, and the court’s own observations supported competence. Justice Smith dissented, arguing that the court should have ordered a competency hearing.