People ex rel. Bright v. Maginley-Liddie

Summary

The New York Appellate Division, Second Department, held that the principal was charged with qualifying offenses under CPL 510.10(4)(t), but could not be remanded because the charges were misdemeanors rather than a felony. The court sustained the habeas corpus writ in part and remitted the matter to the Supreme Court, Richmond County, for further proceedings consistent with its decision.

Holdings

1. A principal may be remanded under CPL 510.10(4) only when charged with a qualifying offense that is a felony. Because Handi was charged under the relevant docket only with class A misdemeanors, the Criminal Court lacked authority to remand him into custody under that provision.
2. Because Handi could not lawfully be remanded pursuant to CPL 510.10(4), he was not in custody for purposes of CPL 730.20(3).
3. A court may not remand a defendant into custody solely because a CPL article 730 examination has been ordered.

Questions Presented

1. Whether a defendant charged only with class A misdemeanors may be remanded into custody under CPL 510.10(4) pending completion of a CPL article 730 competency examination.
2. Whether a defendant who cannot lawfully be remanded under CPL 510.10(4) is nevertheless considered "in custody" for purposes of CPL 730.20(3).
3. What custodial or noncustodial options are available when a defendant who is not in custody is ordered to undergo a CPL article 730 examination.

Disposition

remanded