PEOPLE v. HAIRSTON


111 Misc.2d 691 (1981)

The People of the State of New York, Plaintiff, v. Ernest Hairston, Defendant.

Supreme Court, Criminal Term, Bronx County.

November 20, 1981


Attorney(s) appearing for the Case

Mario Merola, District Attorney (Jeffrey O. Pogrow of counsel), for plaintiff. Epstein, Newman & Lubitz (Seymour Epstein of counsel), for defendant.


WALTER M. SCHACKMAN, J.

The novel issue presented before this court is the following:

Does the District Attorney's office have the right to discovery of a written statement made by the defendant at the request of his attorney, when the statement is used by the defendant's psychiatrist in his determination as to the defendant's claim of innocence by reason of insanity? (Penal Law, § 30.05.)

This court must decide whether the defendant...

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