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PEOPLE v. TORTORICI

92 N.Y.2d 757 (1999)

709 N.E.2d 87

686 N.Y.S.2d 346

The People of the State of New York, Respondent, v. Ralph J. Tortorici, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1999.

Attorney(s) appearing for the Case

Crane, Greene & Parente, Albany (Kathryn M. Kase of counsel), for appellant.

Sol Greenberg, District Attorney of Albany County, Albany (Christopher D. Horn of counsel), for respondent.

Judges BELLACOSA, CIPARICK, WESLEY and ROSENBLATT concur with Chief Judge KAYE; Judge SMITH dissents and votes to reverse in a separate opinion; Judge LEVINE taking no part.

Chief Judge KAYE.

Article 730 of the Criminal Procedure Law sets out the procedures courts of this State must follow in order to prevent the criminal trial of a defendant "who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense" (CPL 730.10 [1]). The central issue on this appeal is whether the trial court abused its discretion as a matter...

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