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THE PLEA ALLOCUTION DID NOT DEMONSTRATE DEFENDANT MADE AN INFORMED DECISION TO WAIVE A VIABLE INSANITY DEFENSE; THE FIRST DEPARTMENT VACATED THE PLEA AND DISMISSED THE INDICTMENT; DEFENDANT WAS RETURNED TO AN ASSISTED LIVING FACILITY UNDER A CIVIL GUARDIANSHIP ORDER (FIRST DEPT).

The First Department, vacating defendant’s plea and dismissing the indictment, determined defendant’s plea was invalid because it was not clear he made an informed decision to waive a viable insanity defense:

As the People concede, the circumstances of this unique case warrant vacating the plea and dismissing the indictment. The plea allocution did not address whether defendant was making an informed decision to waive a potentially viable insanity defense … , and the record as a whole casts significant doubt on defendant’s mental competence and ability to understand the proceedings or the terms of his plea … .

Under these circumstances, the appropriate remedy is dismissal rather than a remand for further proceedings. Among other things, this 68-year-old, severely mentally ill defendant lives in a secured unit of an assisted living facility under a civil guardianship order. People v Cosme, 2023 NY Slip Op 05207, First Dept 10-12-23

Practice Point: Here it was apparent defendant suffered from mental health issues. The plea was vacated and the indictment dismissed because the allocution did not make it clear that defendant had made an informed decisions to waive a viable insanity defense. Defendant was returned to an assisted living facility under a civil guardianship order.

 

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