The court had no discretion to dispense with a competency hearing where it had issued an order of examination pursuant to CPL 730.30 (1) and the two psychiatrists who examined defendant both found him unfit to proceed to trial due to mental illness, even though neither the court, defendant, nor the District Attorney moved for a competency hearing. While a finding of incompetency may be confirmed on consent without a hearing, the statute does not provide for...
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