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

_______ COURT OF _______ COUNTY OF _________ __________x

The above named defendant, having been indicted for or convicted of the felony of __, in violation of __, and such defendant having been adjudicated and committed to the custody of the Commissioner of (OMH) (OMRDD), to be placed in an appropriate facility by order of this court dated __, and such defendant being now in the custody of said Commissioner and confined in __ facility, located at __ and an application, dated __, having been received from __, the person in charge of the facility where the defendant is confined, for an order of retention of said defendant, and notice of such application having been given to the defendant, the District Attorney, and the Mental Hygiene Legal Service,

AND it appearing to my satisfaction that the said defendant has the capacity to understand the proceedings against (him) (her) and to aid in (his) (her) own defense and is no longer an incapacitated person.

It is therefore,

ORDERED, that the criminal action against the defendant shall proceed and the defendant is remanded to the custody of the (County Sheriff) (Commissioner of Correction of the City of New York).