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PEOPLE EX REL. MALONE v. JOHNSTON

37 A.D.2d 585 (1971)

The People of the State of New York ex rel. David Malone, Appellant, v. W. Cecil Johnston as Superintendent of Matteawan State Hospital, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 7, 1971

Judgment affirmed, without costs.

A defendant will not be allowed to stand trial on the charges against him if the court is of the opinion that he is in "such state of idiocy, imbecility or insanity as to be incapable of understanding the charge against him or the proceedings or of making his defense" (Code Crim. Pro., § 662-b, subd. 1). He must be able both to comprehend the charge and to co-operate in making his defense...

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