Petitioner stands indicted in an underlying criminal action for assault in the second degree, a felony, and related offenses. At the request of defense counsel, the Supreme Court ordered petitioner to be evaluated pursuant to CPL article 730. Two psychiatric examiners evaluated petitioner, and both opined that he is an incapacitated person. That finding is uncontested. A third court-appointed expert also examined petitioner and opined that there was a strong possibility petitioner...
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