People v. Francabandera

The novel question posed in this case is whether defendant, suffering from retrograde amnesia so as to be unable to recall the. events surrounding the crimes with which he is charged, is an “ incapacitated person ” within the meaning of GPL 730.10 (subd. 1) so as to be unfit to stand trial as the result. of a mental defect which, he argues, deprives him of the capacity to assist in his own defense; and also whether the ruling that he is fit to stand trial which induced a guilty plea to a reduced charge, renders that plea involuntary thereby denying -him due process and equal protection. He…