People v. Earel

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Following a jury trial, defendant was convicted of rape in the first degree (Penal Law § 130.35). Prior to trial, defendant moved to compel the complainant to submit to a psychiatric examination. In support of the motion, defendant’s attorney submitted an affidavit premised only on the assertion that, at the time of the rape, the victim had been taking the psychotropic medications Prolixin and Lithium. Supreme Court denied the motion, holding that defendant had not demonstrated a compelling need justifying a…