Judge Linda Poust Lopez
Defendant Timothy Williams appeared before the court and a Criminal Procedure Law §730 exam was ordered based primarily on his behavior in court. Defense counsel objected to the §730 exam, and now sought reconsideration of the court’s prior order. Counsel argued Williams’ self-identification as a Moorish American, and his beliefs stemming from such, were an insufficient reason to order the §730 exam, surmising the court ordered the exam solely based on Williams’ beliefs. The court rejected such assertion contending Williams’ outlandish behavior in court created enough of a question for the court about his competence, but his pro se motion, and desire to represent himself, added to the court’s concerns. Therefore, the court concluded that while it reconsidered its prior decision to order the §730 exam, a review of the record left the court even more convinced that such exam was necessary to advise the court on whether Williams was, or was not, fit to proceed to trial. Accordingly, the court concluded the prior order was still in effect, and Williams was ordered to undergo the §730 exam before the next court date.
