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  5. 65 N.Y.2d 417 (1985)
 

PEOPLE v. CHRISTOPHER

65 N.Y.2d 417 (1985)

The People of the State of New York, Respondent, v. Joseph G. Christopher, Appellant.

Court of Appeals of the State of New York.

Decided July 5, 1985.

Attorney(s) appearing for the Case

John A. Ziegler and Rose H. Sconiers for appellant.

Richard J. Arcara, District Attorney (John J. DeFranks, Jo W. Faber and Rosemarie A. Wyman of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE and ALEXANDER concur with Judge MEYER; Judge SIMONS dissents and votes to affirm in a separate opinion in which Judge JASEN concurs; Judge TITONE taking no part.

MEYER, J.

A defendant found to lack capacity to participate in his own defense and committed for care and treatment, who is thereafter determined by the superintendent of the institution to which committed to be no longer incapacitated, has the right to present expert testimony during the hearing held pursuant to CPL 730.30 (2) following the superintendent's report. Nothing in CPL 730.30 (2) or 730.60 (2) authorizes...

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