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PEOPLE v. VANDEMARK

225 A.D.2d 716 (1996)

640 N.Y.S.2d 121

The People of the State of New York, Respondent, v. Brian Vandemark, Appellant

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

March 18, 1996

Ordered that the judgments are affirmed.

The People have the burden of proving that a defendant is competent to stand trial (see, People v Brown, 136 A.D.2d 1, lv denied 72 N.Y.2d 857, cert denied 488 U.S. 897). To prove that a defendant is fit to stand trial when his or her competency to do so is challenged, a defendant must be examined by two qualified psychiatric examiners (see, CPL 730.20 ...

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