People v. Burgess

The defendant, after examination by two psychiatrists pursuant to an order of this court, was found by each to be an incapacitated person, one who by reason of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense (CPL 730.30, subd 1). He was not found to be dangerous to himself or anyone else.

In accordance with CPL 730.30 (subd 3), a hearing was held before me on March 1, 1976, at which time the People moved to confirm the report and the defendant opposed.

At the hearing the psychiatrists reaffirmed their views about the defendant…