D. When Can the Issue of Competency Be Raised?

JurisdictionNew York

D. When Can the Issue of Competency Be Raised?

The issue of competency can be raised at any time before, during or after a trial. In People v. Vallen,17 the trial court was confronted with a psychiatric opinion that the defendant was competent to proceed for the purpose of the court’s conducting a Huntley hearing, but not for the purpose of a jury trial. The court rejected this idea, stating that “[CPL section 730.20] does not provide for a distinction between competency to stand trial and assist counsel in the defense of pretrial hearings as distinguished from a jury or non-jury trial.”18

The issue of competency also can be raised at any time before or during a guilty plea, prior to or during sentencing and during post-trial and post-plea relief. If the court or defense attorney knew or should have known of the defendant’s incapacity at any time before final judgment, there may be grounds for a reversal of the verdict or...

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