People v. Gibbons

A hearing was held on the question of whether the defendant is ‘4 in such state of idiocy, imbecility or insanity as to be incapable of understanding the charge against him, or the proceedings or of making his defense ” (Code Crim. Pro., § 662). See in this connection the recent case of People v. Swallow (60 Misc 2d 171).

After hearing for the People, one of the psychiatrists, who conducted the original examination to the effect that the defendant was competent to stand trial, and another qualified psychiatrist for the defense to the effect that he was not competent, I concluded that the…