Article 730 Flashcards Preview

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Flashcards in Article 730 Deck (6)
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1

If court finds defendant incapacitated, it must issue order committing defendant to custody of commissioner for up to __ days. If accusatory instrument was less than felony, court must issue final order of observation. For felony, must issue temporary order of examination (unless DA consent to final order of examination)

90

CPL 730.40

2

An incapacitated person is a person __________

who as a result of mental disease or defect lacks the capacity to understand the proceedings against him or to assist in his own defense

CPL 730.10

3

Hospital confinement pursuant to an order of examination shall be for period not exceeding ________.

30 days

CPL 730.20

4

Pursuant to an order of examination, commissioner must appoint 2 __________________ to examine defendant

qualified psychiatric examiners

CPL 730.60

5

An _________ directs detention of a person for the purpose of determining if he is an incapacitated person
A. order of review
B. order of examination
C. order of detention
D. none of the above

B. order of examination

CPL 730.10

6

A(n) ________________ is a person who as a result of mental disease or defect lacks the capacity to understand the proceedings against him or to assist in his own defense
A. incarcerated person
B. contingently liable person
C. contemplative person
D. incapacitated person

D. incapacitated person

CPL 730.10