People v. Vandemark

The People have the burden of proving that a defendant is competent to stand trial (see, People v Brown, 136 AD2d 1, lv denied 72 NY2d 857, cert denied 488 US 897). To prove that a defendant is fit to stand trial when his or her competency to do so is challenged, a defendant must be examined by two qualified psychiatric examiners (see, CPL 730.20 [1]). A qualified psychiatric examiner is a physician who is a diplómate of the American Board of Psychiatry and Neurology or is eligible to be certified by that board (see, CPL 730.10 [5]). To be eligible to be certified by that board, a physician…