People v. Paulin

Contrary to the defendant’s contention, the County Court did not err in determining, after a hearing, that the defendant was “fit to proceed” (see CPL 730.10). The burden of proof is on the prosecution to establish a defendant’s competence, and the burden requires that fitness to stand trial be established by a preponderance of the evidence (see People v Mendez, 1 NY3d 15, 19 [2003]). A competency inquiry involves a legal, not a medical, determination (id. at 20). We are satisfied that the prosecution met its burden and perceive no basis upon which to disturb the County Court’s determination.

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