People v. Gans

OPINION OF THE COURT

Benjamin Altman, J.

Can a certified social worker be qualified as an expert to testify as to defendant’s mental capacity to proceed and defendant’s competency in the foreseeable future?

A motion to grant relief to the above-captioned defendant pursuant to the holding of the United States Supreme Court in Jackson v Indiana (406 US 715) was filed with this court, alleging that this defendant is an incapacitated defendant who cannot reasonably be expected to attain fitness to proceed in the foreseeable future. A hearing was directed for the purpose of allowing the defendant and…