2010 New York Code
CPL - Criminal Procedure
Part 3 - SPECIAL PROCEEDINGS AND MISCELLANEOUS PROCEDURES
Title U - SPECIAL PROCEEDINGS WHICH REPLACE,SUSPEND OR ABATE CRIMINAL ACTIONS
Article 730 - (730.10 - 730.70) MENTAL DISEASE OR DEFECT EXCLUDING FITNESS TO PROCEED
730.30 - Fitness to proceed; order of examination.

§ 730.30  Fitness to proceed; order of examination.
    1.    At  any  time  after a defendant is arraigned upon an accusatory
  instrument other than a felony complaint and before  the  imposition  of
  sentence,  or  at  any time after a defendant is arraigned upon a felony
  complaint and before he is held for the action of the  grand  jury,  the
  court  wherein  the  criminal  action  is pending must issue an order of
  examination when it is of the opinion  that  the  defendant  may  be  an
  incapacitated person.
    2.  When the examination reports submitted to the court show that each
  psychiatric  examiner  is  of  the  opinion that the defendant is not an
  incapacitated person, the court  may,  on  its  own  motion,  conduct  a
  hearing  to  determine  the  issue  of  capacity,  and it must conduct a
  hearing upon motion  therefor  by  the  defendant  or  by  the  district
  attorney.    If  no  motion  for  a hearing is made, the criminal action
  against the defendant must proceed.  If, following a hearing, the  court
  is  satisfied  that  the  defendant  is not an incapacitated person, the
  criminal action against him  must  proceed;  if  the  court  is  not  so
  satisfied,  it  must issue a further order of examination directing that
  the defendant be examined by different psychiatric examiners  designated
  by the director.
    3.  When the examination reports submitted to the court show that each
  psychiatric  examiner  is  of  the  opinion  that  the  defendant  is an
  incapacitated person, the court  may,  on  its  own  motion,  conduct  a
  hearing  to  determine  the  issue  of capacity and it must conduct such
  hearing upon motion  therefor  by  the  defendant  or  by  the  district
  attorney.
    4.   When the examination reports submitted to the court show that the
  psychiatric examiners are not unanimous in their opinion as  to  whether
  the  defendant  is  or  is  not  an  incapacitated  person,  or when the
  examination reports submitted  to  the  superior  court  show  that  the
  psychiatric  examiners  are not unanimous in their opinion as to whether
  the defendant is or is not a dangerous incapacitated person,  the  court
  must   conduct   a  hearing  to  determine  the  issue  of  capacity  or
  dangerousness.