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PEOPLE v. GANS

119 Misc.2d 843 (1983)

The People of the State of New York, Plaintiff, v. Herbert Gans, Defendant.

Supreme Court, Trial Term, New York County.

June 30, 1983

Attorney(s) appearing for the Case

Harold Frankel for defendant. Robert M. Morgenthau, District Attorney (K. Cobb of counsel), for plaintiff.

BENJAMIN ALTMAN, J.

Can a certified social worker be qualified as an expert to testify as to defendant's mental capacity to proceed and defendant's competency in the foreseeable future?

A motion to grant relief to the above-captioned defendant pursuant to the holding of the United States Supreme Court in Jackson v Indiana (406 U.S. 715) was filed with this court, alleging that this defendant is an incapacitated...

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