"We now hold that the considerations underlying the determination in 'Lopez,'" where the First Department held that a parole revocation hearing cannot proceed if the parolee is incompetent, "are equally applicable to probation violation proceedings," the Appellate Term, Second Department panel said.
April 16, 2013 at 12:00 AM
1 minute read
Defendants who are targets of a probation revocation proceeding are entitled to a mental competency hearing, an appellate term panel has decided in a case of first impression.
The Appellate Term, Second Department, held that a Yonkers city judge erred in proceeding with a revocation hearing after two psychologists said Juan Concepcion suffered from schizophrenia and could not assist in his defense.
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