People v. Marasa

—Case held, decision reserved and matter remitted to Monroe County Court for further proceedings in accordance with the following Memorandum: Following its determination that defendant may be an incapacitated person, County Court issued an order of examination (see, CPL 730.30 [1]). “[Office a court makes a preliminary determination that a defendant may be incapacitated, the statutory steps must be followed” {People v Lowe, 109 AD2d 300, 304, Iv denied 67 NY2d 653; see, People v Armlin, 37 NY2d 167, 172; People v Weech, 116 AD2d 975, 976). The record, however, fails to establish whether the…