Opinion
February 2, 1996
Appeal from the Oswego County Court, Brandt, J.
Present — Green, J.P., Fallon, Wesley, Davis and Boehm, JJ.
Case held, decision reserved and matter remitted to Oswego County Court for further proceedings in accordance with the following Memorandum: When the question of defendant's competency was raised at arraignment, County Court issued an order of examination pursuant to CPL 730.30, thus triggering the statutory requirement of examinations by two psychiatrists (see, CPL 730.20, [5]). Only one such examination was held and the court erred in failing to order a second one before accepting defendant's plea (see, People v. Armlin, 37 N.Y.2d 167, 171-172; People v. Gray, 190 A.D.2d 1057; People v. Mullins, 137 A.D.2d 227, 232, lv denied 72 N.Y.2d 922; People v. Mulholland, 129 A.D.2d 857).
The record reflects, however, that, in addition to the contemporaneous psychiatric examination conducted before defendant's plea, less than two years have elapsed since the plea and that those who observed defendant, including the Judge before whom defendant pleaded guilty, can testify regarding their observations of defendant's behavior and demeanor at that time (see, People v. Gray, supra; People v. Bey, 144 A.D.2d 972, 973; People v. Arnold, 113 A.D.2d 101, 107-108). We, therefore, remit the matter to Oswego County Court for a reconstruction hearing before a different Judge to determine defendant's competency at the time of the plea (see, People v. Armlin, supra, at 173; People v. Gray, supra, at 1058).