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PEOPLE v. GALEA

54 A.D.3d 686 (2008)

863 N.Y.S.2d 695

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO GALEA, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 2, 2008.

Ordered that the judgment is reversed, on the law, the plea of guilty is vacated, and the matter is remitted to the County Court, Nassau County, for further proceedings in accordance herewith.

"[T]he conviction of an accused person while he [or she] is legally incompetent violates due process" (Pate v Robinson, 383 U.S. 375, 378 [1966]). "[A] defendant is presumed competent (see People v Gelikkaya, 84...

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