N.Y. Criminal Procedure Law § 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 grand jury, the

court wherein the criminal action is pending must issue an order of

examination when it is of the opinion that the defendant may be an

incapacitated person.

2. When the examination reports submitted to the court show that each

psychiatric examiner is of the opinion that the defendant is not an

incapacitated person, the court may, on its own motion, conduct a

hearing to determine the issue of capacity, and it must conduct a

hearing upon motion therefor by the defendant or by the district

attorney. If no motion for a hearing is made, the criminal action

against the defendant must proceed. If, following a hearing, the court

is satisfied that the defendant is not an incapacitated person, the

criminal action against him must proceed; if the court is not so

satisfied, it must issue a further order of examination directing that

the defendant be examined by different psychiatric examiners designated

by the director.

3. When the examination reports submitted to the court show that each

psychiatric examiner is of the opinion that the defendant is an

incapacitated person, the court may, on its own motion, conduct a

hearing to determine the issue of capacity and it must conduct such

hearing upon motion therefor by the defendant or by the district

attorney.

4. When the examination reports submitted to the court show that the

psychiatric examiners are not unanimous in their opinion as to whether

the defendant is or is not an incapacitated person, or when the

examination reports submitted to the superior court show that the

psychiatric examiners are not unanimous in their opinion as to whether

the defendant is or is not a dangerous incapacitated person, the court

must conduct a hearing to determine the issue of capacity or

dangerousness.