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LEE v. COUNTY CT. OF ERIE COUNTY

27 N.Y.2d 432 (1971)

In the Matter of Rufus Lee, Respondent-Appellant, v. County Court of Erie County et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided January 14, 1971.

Attorney(s) appearing for the Case

Michael F. Dillon, District Attorney (Peter J. Notaro of counsel), for appellants-respondents.

Paul Ivan Birzon for respondent-appellant.

Judges BERGAN, JASEN and GIBSON concur with Judge SCILEPPI; Chief Judge FULD dissents in part and votes to modify as stated in an opinion in which Judge BURKE concurs; Judge BREITEL dissents in part and votes to modify as stated in a separate opinion.

SCILEPPI, J.

We have been called upon to decide questions relating to the effect of a plea of not guilty by reason of insanity on a defendant's constitutional rights.

In 1964, Rufus Lee, petitioner herein, was indicted for the murder of two women which occurred on November 5, 1964, two days after his release from a mental institution. In February, 1965, a psychiatric examination was ordered by a County...

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