People v. Gorgone

As the Court of Appeals recently stated in Matter of Brown v Ristich (36 NY2d 183, 188, 189) "All adults are presumed competent to testify, and commitment to a mental institution does not automatically render a witness incompetent (People v Rensing, 14 NY2d 210, 213; Barker v Washburn, 200 NY 280; Richardson, Evidence [10th ed.], § 389). Certainly, an adverse party may put competency in issue and in such a case the matter is addressed solely to the discretion of the hearing officer who may examine the witness about to testify and any other person who can establish the mental capacity of the…