Understanding Competency to Stand Trial: A Forensic Psychiatrist's Guide for New York Attorneys

Stephan Carlson, MD, MBA, FAPA · Criminal Defense

Under CPL Article 730 , New York courts must ensure that a defendant possesses the present ability to understand proceedings and assist counsel. As a forensic psychiatrist, I evaluate these capacities using structured, evidence-based methods to inform fair, legally sound adjudication. --- What "Fitness to Proceed" Means Under New York Law Competency to stand trial—called fitness to proceed in New York—is a constitutional prerequisite grounded in Dusky v. United States (1960). The court must determine whether, because of mental disease or defect, the defendant: 1. Possesses a factual and rational understanding of the criminal proceedings; and 2. Has the capacity to consult with counsel with a

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