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  5. 33 N.Y.2d 429 (1974)
 

PEOPLE v. FRANCABANDERA

33 N.Y.2d 429 (1974)

The People of the State of New York, Respondent, v. Leonard Francabandera, Appellant.

Court of Appeals of the State of New York.

Decided March 28, 1974.

Attorney(s) appearing for the Case

Stephen N. Shapiro, James J. McDonough and Matthew Muraskin for appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, RABIN and STEVENS concur.

GABRIELLI, J.

The novel question posed in this case is whether defendant, suffering from retrograde amnesia so as to be unable to recall the events surrounding the crimes with which he is charged, is an "incapacitated person" within the meaning of CPL 730.10 (subd. 1) so as to be unfit to stand trial as the result of a mental defect which, he argues, deprives him of the capacity to assist in his own defense;...

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