People v. Matthews

OPINION OF THE COURT

Dominic R. Massaro, J.

Following an arrest in March of 1989, Harold Matthews was charged with the crime of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06). On application, in July 1991, defendant was examined pursuant to CPL *849article 730, and found to be an incapacitated person, that is, unable to understand the nature of the proceedings against him or to assist in his own defense. Accordingly, an order of commitment to the custody of the State Commissioner of Mental Hygiene was entered.

Though defendant yet remains in custody, his…