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PEOPLE v. JORDAN

35 N.Y.2d 577 (1974)

The People of the State of New York, Respondent, v. Ossie Jordan, Appellant.

Court of Appeals of the State of New York.

Decided December 19, 1974.

Attorney(s) appearing for the Case

Ronald C. Valentine, Public Defender, for appellant.

Stephen R. Sirkin, District Attorney, for respondent.

Chief Judge BREITEL and Judges JASEN, WACHTLER and RABIN concur with Judge JONES; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge STEVENS concurs.

JONES, J.

We conclude on the basis of this record that this defendant was incompetent to stand trial as a matter of law.

Over a period of three years preceding the trial in September, 1971, there were alternate conclusions of record — three judicial determinations that defendant was incapable of standing trial (on September 18, 1968, October 3, 1969, and October 29, 1970); three expressions of...

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