In re Anonymous

In this narcotic addiction proceeding, it appears that the alleged addict displayed symptoms of mental disability which prompted the trial court to direct an inquiry before another Judge concerning the ability of the alleged addict to understand the nature of the proceedings and his competency to participate in the trial. Such remand in conformity with the court’s practice under Huntley (15 N Y 2d 72) was approved procedurally in People v. Hudson (19 N Y 2d 137). Questions are now raised as to the power of the court, in a pretrial proceeding, to determine issues of incompetency in an…