Legal Question in Criminal Law in New York

Unfit to stand trial/plea

If a man is deemed unfit to stand trial by a prosecution's psychiatrist, can that man, without knowing the results of the psychiatric test, legally plead guilty?

Can a defense lawyer be denied access to that test or to a cat scan done by the county?

Thank you.


Asked on 6/25/02, 8:44 pm

1 Answer from Attorneys

Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Unfit to stand trial/plea

You are referring to a 730 exam conducted by the People's psychiatrist. If a defendant is unfit to stand trial the judge is required to interview the defendant and make a determination as to the defendant's ability to stand trial, i.e. assist in his own defense. If the judge determines he is not then the defendant is committed to a state institutional facility and the charges are dismissed. The People should provide the results of the exam to the defense attorney.

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Answered on 6/26/02, 10:04 am


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