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PEOPLE v. WOODWORTH

47 A.D.2d 991 (1975)

The People of the State of New York, Respondent, v. Larry Charles Woodworth, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 17, 1975

Judgment unanimously affirmed.

Memorandum:

The only issue on this appeal is whether the rule in People v Silver (33 N.Y.2d 475) requires the prosecution to counter defendant's psychiatric evidence of his lack of mental capacity with its own expert evidence. Defendant was indicted for rape first degree, sodomy first degree, kidnapping second degree and criminal facilitation second degree. He had confessed the facts...

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