People v. McPhee

OPINION OF THE COURT

Robert Charles Kohm, J.

Is the Rosario doctrine applicable to a CPL article 730 competency hearing?

This issue was raised during the course of a court-ordered competency hearing in which three psychiatrists testified. They were Doctors Bowen, Schwartz and Finch. Each doctor, pursuant to statute, submitted a report. In addition, defendant’s counsel was provided with the handwritten notes which furnished the basis of Doctors Bowen and Schwartz’s reports, but not Dr. Finch’s report. Defendant maintained that he had a right under Rosario to see these notes and the People…