Getman v. Bernier
Court: Appellate Division of the Supreme Court of the State of New York; July 3, 2014; New York; State Appellate Court
The appeal concerns the judgment of the Supreme Court, which had granted the Oneonta City Prosecutor's application for a writ of prohibition to prevent the City Court Judge of Oneonta from enforcing an order for a competency hearing regarding witness Maria Golfo, who allegedly was intoxicated during the incident leading to the trial of defendant Stephanie M. Tooker. Tooker sought a competency hearing to assess Golfo’s ability to testify based on her intoxication at the time of the alleged assault. The City Court Judge granted Tooker’s motion for the hearing, prompting the Prosecutor to file a CPLR article 78 proceeding, which the Supreme Court initially supported, ruling that the Judge had acted beyond her authority. However, upon appeal, the court found that a trial judge has the authority to conduct a preliminary inquiry into a witness's competency, as established by legal precedents. The appellate court concluded that any error by the Judge in ordering the competency hearing constituted a mere substantive error rather than an excess of jurisdiction that would warrant the extraordinary remedy of prohibition. The court emphasized that prohibition is not applicable for addressing trial errors or procedural missteps, regardless of their severity. Consequently, the appellate court reversed the Supreme Court’s judgment, dismissed the petition, and ruled that the Judge’s order for a competency hearing would stand. All concurring judges agreed with this decision.