D. When Can the Issue of Competency Be Raised?
Jurisdiction | New 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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- I. Introduction
- II. Incapacity To Stand Trial
- A. History and Background
- B. The Standard
- C. Who Can Raise the Issue of Competency?
- 1. The Court’s Obligation
- 2. The Defense Attorney’s Obligation
- D. When Can the Issue of Competency Be Raised?
- E. Burden of Proof
- F. Competency Examination
- G. Hearing
- H. Finding of Incapacity
- 1. Temporary Order of Observation
- 2. Final Order of Observation
- I. Orders of Commitment
- J. Dismissal of Indictment
- K. Notice Requirements
- III. Not Guilty By Reason of Mental Disease or Defect
- A. Insanity Defense
- B. Presenting an Insanity Defense
- C. Disposition of Persons Found Not Guilty by Reason of Mental Disease or Defect
- IV. Sentencing
- V. Mentally Ill Inmates And Prisoners
- VII. Death Penalty
- VIII. Sex Offenders
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