PEOPLE v. DIAZ


3 Misc.3d 686 (2004)

777 N.Y.S.2d 856

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. TEOFILO DIAZ, Defendant.

Supreme Court, Kings County.

March 15, 2004.


Attorney(s) appearing for the Case

Theodore M. Herlich, New York City, for defendant.

Charles J. Hynes, District Attorney, Brooklyn (Michelle Kaminsky of counsel), for plaintiff.


OPINION OF THE COURT

JOHN M. LEVENTHAL, J.

This decision determines the legitimacy of the court's order permitting the prosecution to have the defendant examined by a People's psychiatric expert and establishes the parameters of the expert's testimony.

In deciding this matter, the court has considered all prior proceedings, the defendant's memorandum, supplemental memorandum, oral arguments, and copies...

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