Justice Juan M. Merchan
While defendant Elizabeth P. was a psychiatric patient at the Manhattan Psychiatric Center on Wards Island, she allegedly assaulted a staff member, resulting in the pending indictment charging her with the felony offense of assault in the second degree. Shortly after that, Elizabeth P. was criminally committed after being found unfit to proceed to trial pursuant to Article 730 of the Criminal Procedure Law. She then sought to exclude the Office of the District Attorney from participating at a Jackson hearing to determine whether there exists a substantial probability that she will regain the capacity to proceed to trial in the foreseeable future. A lawyer with Mental Hygiene Legal Services argued on Elizabeth P.’s behalf that the D.A. does not have standing to participate in a Jackson hearing, as a criminal action is suspended once a court finds a defendant to be an incapacitated person and the D.A.’s involvement is discontinued unless and until the defendant is found to be fit. The court disagreed and held that the D.A. has a right to participate in Jackson hearings, as it has a significant interest in whether a defendant’s commitment is altered from criminal to civil in nature.
