Lee v. County Court of Erie County

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before DEL VECCHIO
• Citation: Lee v. County Court of Erie County, 302 N.Y.S.2d 171, 32 A.D.2d 885 (N.Y. App. Div. 1969)
• Decision Date: 27 June 1969
• Parties: In the Matter of Rufus LEE, Petitioner, v. COUNTY COURT OF ERIE COUNTY, Hon. Frank R. Bayger, Individually and as County Judge, and Michael F. Dillon, District Attorney of Erie County.

Page 171

302 N.Y.S.2d 171

32 A.D.2d 885

In the Matter of Rufus LEE, Petitioner, v. COUNTY COURT OF ERIE COUNTY, Hon. Frank R. Bayger Individually and as County Judge, and Michael F Dillon, District Attorney of Erie County.

Supreme Court, Appellate Division, Fourth Department.

June 27, 1969.

Paul I. Birzon, Buffalo, for petitioner.

Michael F. Dillon, Peter J. Notaro, Buffalo, for respondent.

Before DEL VECCHIO, J.P., and WITMER, GABRIELLI, BASTOW and HENRY, JJ.

MEMORANDUM:

In this Article 78 proceeding in the nature of prohibition petitioner seeks to vacate an order and warrant of Erie County Court adjudging him in contempt of court because of his refusal to answer questions propounded to him by Dr. Di Francesco in a purported examination under Section 660 of the Code of Criminal Procedure and petitioner seeks inter alia to prohibit and restrain the Erie County Court and District Attorney from compelling him to answer questions during such examination. Sections 659 and 660 require that when a court having jurisdiction of the person of a defendant indicted for a felony orders such defendant to be examined to determine the question of his sanity, the examination must be conducted by two qualified psychiatrists designated by the Director of Community Health Services. There is no authority for examination by a single psychiatrist. Dr. Di Francesco and Dr. Yost were designated to examine petitioner on February 5, 1969. Dr. Yost resigned on February 17, 1969 and thereafter on April 18, 1969 before another psychiatrist had been designated to fill the...