People v. Balukas

— Appeal by the People from an order of the Supreme Court, Kings County (Goldstein, J.), entered June 4,1982, dismissing the indictment “in the interest of justice”, with leave to resubmit to a Grand Jury. Order affirmed. On January 17,1982 defendant was given notice that his case would be presented to a Grand Jury on January 19, 1982. The following day defendant was arraigned and remanded, at the request of defense counsel, for the purpose of a psychiatric examination pursuant to CPL article 730 to determine if he was an “incapacitated person”. He was admitted to Kings County Hospital Center…