§ 78 Application and construction
§ 78-A Severability clause

Terms Used In New York Laws > Domestic Relations > Article 5-A > Title 4 - Miscellaneous Provisions

  • Appropriate institution: means : (a) a hospital operated by the office of mental health or a developmental center operated by the office for people with developmental disabilities; or (b) a hospital licensed by the department of health which operates a psychiatric unit licensed by the office of mental health, as determined by the commissioner provided, however, that any such hospital that is not operated by the state shall qualify as an "appropriate institution" only pursuant to the terms of an agreement between the commissioner and the hospital. See N.Y. Criminal Procedure Law 730.10
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Commissioner: means the state commissioner of mental health or the state commissioner of the office for people with developmental disabilities. See N.Y. Criminal Procedure Law 730.10
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Director: means (a) the director of a state hospital operated by the office of mental health or the director of a developmental center operated by the office for people with developmental disabilities, or (b) the director of a hospital operated by any local government of the state that has been certified by the commissioner as having adequate facilities to examine a defendant to determine if he is an incapacitated person, or (c) the director of community mental health services. See N.Y. Criminal Procedure Law 730.10
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Incapacitated person: means a defendant who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense. See N.Y. Criminal Procedure Law 730.10
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Order of examination: means an order issued to an appropriate director by a criminal court wherein a criminal action is pending against a defendant or by a court evaluating the capacity of an alleged violator in a parole revocation proceeding pursuant to subparagraph (xii) of paragraph (f) of subdivision three of section two hundred fifty-nine-i of the executive law, or by a family court pursuant to section 322. See N.Y. Criminal Procedure Law 730.10
  • Psychiatric examiner: means a qualified psychiatrist or a certified psychologist who has been designated by a director to examine a defendant pursuant to an order of examination. See N.Y. Criminal Procedure Law 730.10