People v. Miller

PROBLEM

Has the defendant’s admitted mental disease now assumed such stature that he is unable to understand the proceedings against him or assist counsel in his defense? This condition, if found to exist, would categorize him as an "Incapacitated person” (CPL 730.10, subd 1) and abort further proceedings with respect to any of his three outstanding cases. Examination by two psychiatrists was ordered and a hearing was thereafter held under CPL 730.30 to determine defendant’s competency.

DECISION

Upon all of the evidence, including my careful scrutiny of the defendant during the hearing, I am…