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PEOPLE v. McCABE

74 Misc.2d 1060 (1973)

The People of the State of New York, Plaintiff, v. Michael F. McCabe, Defendant.

County Court, Special Term, Nassau County.

August 7, 1973

Attorney(s) appearing for the Case

James J. McDonough for defendant. William Cahn, District Attorney, for plaintiff.

JOHN S. LOCKMAN, J.

Upon receipt of a report pursuant to CPL 730.30 declaring the defendant dangerously incompetent, the defense moved for a jury to determine the issue of dangerousness at the hearing provided for in CPL 730.30 (subd. 2).

The defense relies upon Jackson v. Indiana (406 U.S. 715) and Gomez v. Miller (341 F.Supp. 323, affd. 412 F.2d 914, 13...

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