Ordered that the order is reversed, on the law and as a matter of discretion, the defendant's motion to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the County Court, Suffolk County, for further proceedings.
The defendant was charged in the indictment with a felony. At a hearing on the issue of the defendant's competency to stand trial, the parties stipulated that he was an incapacitated person pursuant to CPL article...
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