49 A.D.2d 800 | N.Y. App. Div. | 1975
Judgment unanimously reversed, plea vacated and matter remitted to County Court, Herkimer County, for a hearing pursuant to CPL 730.30 in accordance with the following memorandum: To the charge of burglary and attempted rape, first degree, defendant pleaded guilty of attempted rape, first degree, and was sentenced to an indeterminate term not to exceed 10 years at Attica. Before the guilty plea the court appointed two psychiatrists to examine defendant and report on his ability to participate in his trial, and it appears that on the same day of those appointments the psychiatrists signed a form report that "defendant does not as a result of mental disease or defect lack capacity to understand the proceedings against him or to assist in his defense” and that the "defendant (is) (is not) a dangerous incapacitated person”. No explanation of the