C. Who Can Raise the Issue of Competency?

JurisdictionNew York

C. Who Can Raise the Issue of Competency?

Theoretically, any participant in the process—judge, prosecutor or defense attorney—may raise the issue of competency. Most often, it is the defense attorney or the court. In Picozzi, the court stated that “the question of defendant’s competency can be raised by any party or through warning signals that cause the court to question the defendant’s competency.”8 However, the obligation to raise the issue of competency is charged to the defense attorney or to the...

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