New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle D - Forms
Chapter VI - Forms For Use In Courts Exercising Criminal Jurisdiction
Form 16-e - Final order of observation and dismissal of accusatory instrument

Current through Register Vol. 45, No. 52, December 27, 2023

C.P.L Article 730

FORM 16-e




________ COURT OF________

COUNTY OF ________




- against - DISMISSAL OF


________, INSTRUMENT

Docket No. ________

Defendant. Indictment No. ________


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,

(Strike out one of the following two paragraphs)

AND no motion for a hearing having been made,

AND a hearing having been held on the ________ day of ________and the following persons having appeared ____________



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.

NOW, on motion of ____________, it is

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.

Dated: ________


Judge or Justice

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