People v. Veda

Benjamin Altman, j.

Shortly after defendant’s escape from Manhattan State Hospital, the defendant was arrested for the crimes of burglary in the third degree (Penal Law, § 140.20) ánd resisting arrest (Penal Law, § 205.30). Pursuant to CPL 730.30, an order of examination was issued to determine whether the defendant was an “ incapacitated person ”, that is, whether the defendant “as a restílt of mental disease,or defect lacks capacity to understand the proceedings against him or to assist in his own defense ” (CPL 730.10, subd. 1).

*858A hearing was held to determine whether the defendant was an…