People v. Concepcion

In People v. Concepcion (41 Misc 3d 1 [2013]) the Appellate Term held that the defendant was entitled to competency before being subjected to a violation of probation hearing, as a matter of due process. The court compared this to the basic requirements of due process applicable to a parole revocation hearing. By due process, the courts held that the defendant had to be competent to assist his attorney at the hearing, understand the charges, and be able to testify, if appropriate.