Fourth Department - Competency: People v. Powell

Daily Record Staff//July 22, 2021//

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Competency

Examination and hearing

People v. Powell

KA 17-00132

Appealed from Monroe County Court

Background: The defendant appealed from his conviction of two counts of assault. He argues that the court erred by failing to order a competency examination or holding a competency hearing.

Ruling: The Appellate Division affirmed. The court noted that a competency examination was ordered and the defendant was not fit to proceed. After approximately a year and upon the determination of the superintendent of the institution where the defendant was being held that he was no longer an incapacitated person, the defendant was returned to court. Upon his return, defense counsel requested another examination but did not move for a competency hearing. Thus, a hearing was not required.

Helen Syme, of the public defender’s office, for the defendant-appellant; Kaylan Porter, of the district attorney’s office, for the respondent.