C.P.L Article 730 FORM 16-e 12/88

_______ COURT OF_______ COUNTY OF _______ __________x

The above-named defendant, having been charged with __, in violation of __, and having been examined pursuant to court order by __ psychiatric examiners, qualified in accordance with law, and examination reports thereon having been made to this Court, and the District Attorney and counsel for the defendant having been given copies of such examination reports, and the Court having examined such examination reports, copies of which are hereto attached,

AND no motion for a hearing having been made,

AND it appearing to my satisfaction that the said defendant as a result of mental disease or defect lacks capacity to understand the proceedings against (him) (her) or to assist in (his) (her) own defense,

AND it further appearing that: [NOTE: Check one of the following four paragraphs; strike out the rest.]

□ the local criminal court accusatory instrument filed against the defendant is other than a felony complaint.

□ the indictment filed against the defendant does not charge a felony.

□ the defendant has been convicted of an offense other than a felony.

□ although a felony complaint has been filed against the defendant, the District Attorney has consented to the entry of a final order of observation.

ORDERED that the above named defendant be committed to the custody of the Commissioner of (OMH) (OMRDD) for care and treatment in an appropriate facility of the (OMH) (OMRDD) to be designated by said Commissioner for a period not to exceed ninety days from the date of this order, and it is further

ORDERED, that the defendant, if (he) (she) be in detention, be continued in detention at __, pending designation of an appropriate facility by the Commissioner of (OMH) (OMRDD), and, upon notice by the appropriate Commissioner of the designated facility, be delivered thereto by the (Sheriff) (Commissioner of Correction of the City of New York)

and it is further

ORDERED, that the accusatory instrument filed in this court against such defendant is hereby dismissed.