The following excerpt is from People v. Peterson, 391 N.Y.S.2d 530, 40 N.Y.2d 1014 (N.Y. 1976):
A hearing is not sufficient where the expert witnesses would have to testify solely from previously recorded information (Pate v. Robinson, 383 U.S. 375, 387, 86 S.Ct. 836, 15 L.Ed.2d 815) or where, at the time of the trial, defendant was not extensively examined by medical experts and neither counsel nor the court had substantial opportunities to observe the defendant (Drope v. Missouri, 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103). However, a hearing will adequately protect the defendant's rights if there exists sufficient contemporaneous evidence bearing on competency from which a determinati can be made. Appropriate evidence would include the testimony of examining psychiatrists and other
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