PEOPLE v. ALLEN


224 A.D.2d 1027 (1996)

638 N.Y.S.2d 266

The People of the State of New York, Respondent, v. Dale E. Allen, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 2, 1996


Case held, decision reserved and matter remitted to Oswego County Court for further proceedings in accordance with the following Memorandum: When the question of defendant's competency was raised at arraignment, County Court issued an order of examination pursuant to CPL 730.30, thus triggering the statutory requirement of examinations by two psychiatrists (see, CPL 730.20 [1], [5]). Only one such examination was held and the court erred in failing to order a second...

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