CPL 730 Exam in New York: Competency Evaluation Guide

Stephan M. Carlson, MD, MBA, FAPA · Criminal Competency and Responsibility

Short answer: a CPL 730 exam is a court-ordered competency evaluation that asks whether a defendant can understand the proceedings and assist counsel now. It does not address guilt, mental state at the time of the offense, or treatment need. Fitness to proceed is one of the few forensic questions a court can revisit at any point in a prosecution, and one of the easiest to get wrong by answering too much. A 730 exam asks only whether a defendant can engage with this case now—not whether the defendant is ill, and not what the defendant was thinking at the time of the offense. What the statute decides—and what it does not New York treats a defendant as an "incapacitated person" when, as a resul

Most relevant service: Competency & Criminal Responsibility Evaluations