2. The Defense Attorney’s Obligation

• Jurisdiction: New York

2.. The Defense Attorney’s Obligation

As noted earlier, the defense attorney is also under a legal and ethical obligation to raise the issue of competency. In People v. Frazier,¹⁶ the appellate court found that the attorney’s failure to pursue a CPL art. 730 exam, prior to allowing his client to plead guilty, was reversible error. The presentence report indicated that the defendant was possibly mentally retarded, and also stated that in 1977 psychiatrists had found her to be suffering from chronic...