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PEOPLE v. LOPEZ

126 Misc.2d 1072 (1985)

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

Supreme Court, Criminal Term, Kings County.

January 14, 1985

Attorney(s) appearing for the Case

Peter Lesh for defendant. Elizabeth Holtzman, District Attorney (Nikki Kowalski of counsel), for plaintiff.

MICHAEL R. JUVILER, J.

This is a decision after a hearing to determine the defendant's mental competency to stand trial. The defendant has been indicted for sale of cocaine as an A-I felony, and possession of cocaine.

This case raises questions regarding the meaning and constitutionality of the definition of "[q]ualified psychiatrist" in CPL 730.10 (5). The CPL provides for the examination of a defendant by "two qualified psychiatrists" to determine...

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