Upon the hearing a medical report of an examining psychiatrist who was absent from the hearing was read into evidence over the timely objection of relator's counsel. The psychiatrist had been appointed by the court pursuant to subdivision 3 of section 35 of the Judiciary Law, which provides that in such a proceeding a psychiatrist may be appointed "to examine and testify at the hearing" upon the mental condition of the relator (emphasis added). No legally justifiable...
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