PEOPLE v. WILLIAMS (2005)

 Defendant appeals from a judgment convicting him following a jury trial of three counts of aggravated harassment of an employee by an inmate (Penal Law § 240.32).   At a court appearance prior to the commencement of trial, County Court determined that defendant may be an incapacitated person, and the court issued an order of examination to the Director of Community Health Services for Cayuga County (see CPL 730.30 [1] ).  “[O]nce [CPL] article 730 proceedings are set in motion, the requirements of that article must be met” (People v. Weech, 116 A.D.2d 975, 976, 498 N.Y.S.2d 601;  see People v. Armlin, 37 N.Y.2d 167, 172, 371 N.Y.S.2d 691, 332 N.E.2d 870;  People v. Vallelunga, 101 A.D.2d 603, 604, 474 N.Y.S.2d 857).   The record establishes, however, that no psychiatric examinations were conducted pursuant to that order, and thus the requirements of CPL article 730 were not met.   We therefore conclude that defendant was deprived of his right “to a full and impartial determination of his mental capacity” to stand trial (Armlin, 37 N.Y.2d at 172, 371 N.Y.S.2d 691, 332 N.E.2d 870;  see CPL 730.20[1];  People v. Lowe, 109 A.D.2d 300, 304, 491 N.Y.S.2d 529, lv. denied 67 N.Y.2d 653, 499 N.Y.S.2d 1049, 490 N.E.2d 566).

  “Where a meaningful reconstruction hearing can be held, it is the proper remedy for violation of article 730” (People v. Bey, 144 A.D.2d 972, 973, 534 N.Y.S.2d 275).   Here, a meaningful reconstruction hearing is feasible inasmuch as contemporaneous psychiatric examinations were conducted in connection with an unrelated proceeding in Wyoming County, less than 2 1/212 years have elapsed since the conclusion of the trial herein, and “those who observed defendant at trial, including the Trial Judge, can testify concerning their observations of defendant's behavior and demeanor at or near the time of trial” (People v. Gray, 190 A.D.2d 1057, 1057, 593 N.Y.S.2d 681;  see People v. Allen, 224 A.D.2d 1027, 638 N.Y.S.2d 266).   We therefore remit the matter to County Court for a reconstruction hearing before a different judge (see Allen, 224 A.D.2d 1027, 638 N.Y.S.2d 266;  Gray, 190 A.D.2d at 1058, 593 N.Y.S.2d 681).

It is hereby ORDERED that the case is held, the decision is reserved, and the matter is remitted to Cayuga County Court for further proceedings.

MEMORANDUM: