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PEOPLE v. LEE

83 Misc.2d 35 (1975)

The People of the State of New York, Plaintiff, v. John Lee, Defendant.

Supreme Court, Trial Term, New York County.

July 25, 1975

Attorney(s) appearing for the Case

Harvey Fishbein for defendant. Robert Morgenthau, District Attorney (William Hoyt of counsel), for plaintiff.

MARTIN B. STECHER, J.

The defendant, charged with a felony but not as yet tried, was referred for psychiatric examination pursuant to CPL article 730. Both psychiatrists found him to be "not fit to proceed"; neither his attorney nor the District Attorney sought a hearing (CPL 730.30); and the reports of the psychiatrists have been confirmed without a hearing.

CPL 730.50 (subd 1, as amd) provides: "When...

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