Posted at: 12/12/2012 11:20 AM
By: Associated Press
New York's top court has rejected a Henrietta man's plea of guilty to beating and stabbing his elderly father, ruling the judge should have further questioned his mental illness before accepting the manslaughter plea.
The Court of Appeals says Michael Mox of Henrietta raised doubts about his intent to kill, an element of that crime, when telling the judge he was "hearing voices" that 2007 day, was "in a psychotic state" and missed his medications for days.
Mox was charged with murder. Prosecution and defense psychiatrists agreed he had schizoaffective disorder, but differed whether he could appreciate what he did was wrong.
His first attorney told the judge he was willing to forgo an insanity defense and admit manslaughter.
At sentencing, his second lawyer tried to withdraw the plea.