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PEOPLE v. ROBINSON

270 A.D.2d 860 (2000)

705 N.Y.S.2d 472

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES E. ROBINSON, Also Known as MICHAEL EVANS, Appellant.

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

Decided March 29, 2000.

Case held, decision reserved and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in permitting defendant to cross-examine one of the two psychiatrists at the pretrial competency hearing. When a court orders a defendant to undergo an examination pursuant to CPL 730.30, it is because the court is "of the opinion that the defendant may be an incapacitated person...

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