J. Dismissal of Indictment
Jurisdiction | New York |
J. Dismissal of Indictment
Section 730.60(5) of the CPL contains a mechanism for defendants to request dismissal of an outstanding indictment. Upon motion of the defendant and with the consent of the district attorney, the indictment may be dismissed when (1) the court is satisfied that the defendant is a resident of another state or county and that he or she will be taken there once the indictment is dismissed, or (2) the defendant has been in the commissioner’s custody for more than two years. In either...
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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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