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PEOPLE v. RIVERA

111 Misc.2d 713 (1981)

The People of the State of New York, Plaintiff, v. Eduardo Rivera, Defendant.

Supreme Court, Trial Term, New York County.

November 24, 1981

Attorney(s) appearing for the Case

Leslie Crocker Snyder for defendant. Robert M. Morgenthau, District Attorney (Susan B. Braver of counsel), for plaintiff.

BENJAMIN ALTMAN, J.

Who has the burden of proof in an incompetency hearing to determine whether an amnesiac defendant can have a fair trial? In a straight competency hearing the People, by a preponderance, have the burden of showing that the defendant is competent. (People v Veda, 73 Misc.2d 857; People v Sanchez, 86 Misc.2d 81; People v Santos,

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