People State New York v. Ervun L. Armlin

[37 N.Y.2d 167 Page 168] The questions presented in this appeal may be phrased as follows: (1) having found that reasonable ground existed to believe that the defendant was an incapacitated person, did the County Court's failure to provide the defendant with an examination by two qualified psychiatrists, as required by CPL 730.20 (subd 1), deprive the accused of his right to a full and impartial determination of his mental capacity to stand trial; and (2) by his plea of guilty, did the defendant waive his right to the proceedings mandated by CPL article 730? Since we are of the opinion that the first question must be answered in the affirmative and the second in the negative, we modify the order of the Appellate Division [37 N.Y.2d 167 Page 169]