People v. Scala

OPINION OF THE COURT

Stephen G. Crane, J.

This case presents two issues. First, may a certified social worker be appointed to examine a defendant in relation to a potential defense of lack of criminal responsibility and to provide “psychiatric evidence” as defined in CPL 250.10? Second, may a certified social worker be appointed to examine a defendant and to render an expert opinion, as a “psychiatric examiner” under CPL 330.20 (15), in the determination of the current mental state of a defendant who has been found to be not responsible by reason of mental disease or defect?

STATEMENT OF THE CASE