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) and 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 result of mental disease or defect lacks capacity to understand...
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