Competent To Stand Trial
Crim. Proc. Law § 730.30 — an order of examination when the court thinks the defendant may be incapacitated
Competency is a question about the present: whether the person can understand the proceedings and help with the defense now. The defendant's mental state at the time of the offense is a different question, which this page does not cover.
Incapacitated person. A defendant who as a result of mental disease or defect lacks capacity to understand the proceedings or to assist in their own defense.
- The court where the case is pending issues an order of examination whenever it is of the opinion that the defendant may be an incapacitated person.
- If each psychiatric examiner finds the defendant is not incapacitated, the court may hold a hearing, and must on the motion of either side; without a motion, the case proceeds.
- If the court is not satisfied after the hearing, it orders examination by different examiners.
Restoration treatment, commitment after a finding of incompetence, how long a case can stay suspended, and the insanity defense are set out in other sections and are not on this page. Whether a particular person is competent is decided by a court on evidence, and is a question for a licensed New York attorney.
Sources for this section (2)
- CPL § 730.10 — Fitness to proceed; definitions
- CPL § 730.30 — Fitness to proceed; order of examination
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.