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People v. Cooper

Court of Appeals of the State of New York
Jun 4, 1975
334 N.E.2d 10 (N.Y. 1975)

Opinion

Argued April 30, 1975

Decided June 4, 1975

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, J. ROBERT JOHNSON, J.

Margaret M. Hill for appellant.

Roger H. Mallery, District Attorney (Marc Wohl of counsel), for respondent.


Order affirmed. Although it is difficult, if not impossible, to avoid a conclusion that defendant was psychotic, paradoxically the record also established beyond any doubt, and also beyond this court's review, that defendant was legally sane. (Compare Penal Law, § 30.05 with ALI Model Penal Code, § 4.01 [Proposed Official Draft (1962)].) There were no objections to the charge to the jury. Hence, there are no purported errors in the charge which this court may review within its limited jurisdiction (see CPL 470.05, subd 2; 470.35, subd 1; People v Rossi, 11 N.Y.2d 379, 383).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.


Summaries of

People v. Cooper

Court of Appeals of the State of New York
Jun 4, 1975
334 N.E.2d 10 (N.Y. 1975)
Case details for

People v. Cooper

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GLENDA ELLEN COOPER…

Court:Court of Appeals of the State of New York

Date published: Jun 4, 1975

Citations

334 N.E.2d 10 (N.Y. 1975)
334 N.E.2d 10
372 N.Y.S.2d 210

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