730.40 – Fitness to Proceed; Local Criminal Court Accusatory Instrument.
§ 730.40 Fitness to proceed; local criminal court accusatory instrument. 1. When a local criminal court, following a hearing conducted pursuant to subdivision three or four of section 730.30 of this article, is satisfied that the defendant is not an incapacitated person, the criminal action against him or her must proceed. If it is satisfied […]
730.50 – Fitness to Proceed; Indictment.
§ 730.50 Fitness to proceed; indictment. 1. When a superior court, following a hearing conducted pursuant to subdivision three or four of section 730.30 of this article, is satisfied that the defendant is not an incapacitated person, the criminal action against him or her must proceed. If it is satisfied that the defendant is an […]
730.60 – Fitness to Proceed; Procedure Following Custody by Commissioner.
§ 730.60 Fitness to proceed; procedure following custody by commissioner. 1. When a local criminal court issues a final or temporary order of observation or an order of commitment, it must forward such order and a copy of the examination reports and the accusatory instrument to the commissioner, and, if available, a copy of the […]
730.70 – Fitness to Proceed; Procedure Following Termination of Custody by Commissioner.
§ 730.70 Fitness to proceed; procedure following termination of custody by commissioner. When a defendant is in the custody of the commissioner on the expiration date of a final or temporary order of observation or an order of commitment, or on the expiration date of the last order of retention, or on the date an […]
725.10 – Removal of Action.
§ 725.10 Removal of action. 1. Unless the defendant is an adolescent offender who has been directed to appear at the family court intake office of the county department of probation for adjustment consideration in accordance with subdivision seven of section 725.05 of this article, when an order of removal is filed with the family […]
725.15 – Sealing of Records.
§ 725.15 Sealing of records. Except where specifically required or permitted by statute or upon specific authorization of the court that directed removal of an action to the family court all official records and papers of the action up to and including the order of removal, whether on file with the court, a police agency […]
725.20 – Record of Certain Actions Removed.
§ 725.20 Record of certain actions removed. 1. The provisions of this section shall apply in any case where an order of removal to the family court is entered pursuant to a direction authorized by article 722 of this title, or subparagraph (iii) of paragraph (g) of subdivision five of section 220.10 of this chapter, […]
730.10 – Fitness to Proceed; Definitions.
§ 730.10 Fitness to proceed; definitions. As used in this article, the following terms have the following meanings: 1. “Incapacitated person” means a defendant who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense. 2. “Order of examination” means an order […]
730.20 – Fitness to Proceed; Generally.
§ 730.20 Fitness to proceed; generally. 1. The appropriate director to whom a criminal court issues an order of examination must be determined in accordance with rules jointly adopted by the judicial conference and the commissioner. Upon receipt of an examination order, the director must designate two qualified psychiatric examiners, of whom he may be […]
730.30 – Fitness to Proceed; Order of Examination.
§ 730.30 Fitness to proceed; order of examination. 1. At any time after a defendant is arraigned upon an accusatory instrument other than a felony complaint and before the imposition of sentence, or at any time after a defendant is arraigned upon a felony complaint and before he is held for the action of the […]