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PEOPLE EX REL. MOLINARO v. WARDEN, RIKERS IS.

No. 94.

39 N.Y.3d 120 (2022)

203 N.E.3d 1194

183 N.Y.S.3d 338

2022 NY Slip Op 07093

THE PEOPLE OF THE STATE OF NEW YORK ex rel. SARA MOLINARO, on Behalf of WEI LI, Respondent, v. WARDEN, RIKERS ISLAND, EMTC, 10-10 Hazen Street, East Elmhurst, NY 11370, or Any Other Person Having Custody of the Defendant, Appellant.

Court of Appeals of New York.

Decided December 15, 2022.

Attorney(s) appearing for the Case

Eric Gonzalez , District Attorney, Brooklyn ( Julian Joiris and Leonard Joblove of counsel), for appellant.

Lisa Schreibersdorf , Brooklyn Defender Services, Brooklyn ( Alexandra Ferlise and Alfred O'Connor of counsel), for respondent.

OPINION OF THE COURT

On this appeal we resolve an open question in this Court and hold that, in accordance with CPL article 730, when a defendant is not in custody, a court only has the authority to either order a competency examination on an outpatient basis or to direct that the defendant be confined in a hospital pending...

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