Opinion
June 14, 1990
Appeal from the County Court of Ulster County (Vogt, J.).
The sole issue raised on this appeal is the effect of County Court's error in failing to fully comply with the requirements of CPL article 730 by ordering that defendant be examined by only one psychiatrist (see, People v. Mullins, 137 A.D.2d 227, 232, lv denied 72 N.Y.2d 922). We see no reason why a meaningful reconstruction hearing could not be held to determine defendant's competency at the time of his guilty plea since his plea was entered less than one year ago (see, People v. Bey, 144 A.D.2d 972, 973-974; People v. Graham, 127 A.D.2d 443, 446). Therefore, the matter must now be remitted for such a hearing.
Decision withheld, and matter remitted to the County Court of Ulster County for further proceedings not inconsistent with this court's decision. Mahoney, P.J., Casey, Mikoll, Yesawich, Jr., and Levine, JJ., concur.