[Download] "People State New York v. Benedict X. Dipiazza" by Court of Appeals of New York " Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Benedict X. Dipiazza
- Author : Court of Appeals of New York
- Release Date : January 10, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
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[24 N.Y.2d 342 Page 345] Indicted for murder in the first degree in September of 1964, the defendant pleaded not guilty by reason of insanity and,
upon motion by his counsel, he was committed to Marcy State Hospital for a mental examination pursuant to section 658 of the
Code of Criminal Procedure. The two psychiatrists who examined him, pursuant to section 662, found him capable of understanding
the charges against him and making his defense.1 In February, 1965, the defendant moved in the Appellate Division, unsuccessfully,
for a change of venue of his trial from Herkimer to another county. At the trial, which got under way two months later, the
jury returned a verdict of first degree murder against him, and he was sentenced to imprisonment for life. The Appellate Division
unanimously affirmed the resulting judgment and, upon the present appeal, the principal arguments advanced by the defendant
are (1) that he was deprived of a fair trial by reason of the publicity attending it and by denial of his motion for a change
of venue and (2) that he was insane at the time of the commission of the crime.