People v. Grieco

Joseph D. Quinn, Jr., J.

The vexing question posed by this inquiry, conducted pursuant to the provisions of CPL 730.30 to *501determine defendant’s competency to stand trial, is whether, in a case where the examination reports submitted to the court show that each of the two designated psychiatrists were of the opinion that defendant is not an incapacitated person, but where the testimony given by these experts at the capacity hearing which followed demonstrate that their views on this subject were in fact conflicting, the terms of the second subdivision of that statutory section deprive the court…