· 10/2/2015
Benedetti v. Erie County Medical Center Corp.
Citations
- 132 A.D.3d 1329
- 17 N.Y.S.3d 341
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the trial judge made her second competency determination after “hearting] testimony, subjected to cross-examination, from the jail guard who discovered the [suicide] attempt, and from the doctor and nurse who treated [the defendant]”
- finding allegation of surprise belied by record in view of defense counsel’s failure to request leave to inspect materials after their introduction by Government
- where sole defense is insanity, not factual innocence, there can be no prejudice from pretrial publicity in absence of a showing that publicity affected jury’s impartiality on insanity issue
- “[A]bsent a specific showing of bias, [even] a defendant accused of murdering a police officer is not entitled to a jury free of policemen’s relatives.”
- no prejudice because defense counsel was made aware of statements at pretrial hearing
- no cause to excuse banker’s wife in bank robbery trial
Source: CourtListener parenthetical corpus (CC0).
Judges: Carni, Centra, Valentino, Whalen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.