Competency to Stand Trial: New York CPL 730 Evaluations
Stephan Carlson, MD, MBA, FAPA · Criminal Defense
Short answer: competency to stand trial in New York asks whether a defendant can presently understand the proceedings and assist counsel. Under CPL Article 730, the finding turns on current functional capacity, not on diagnosis or guilt. 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. Uni
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