People v. Woodworth

Judgment unanimously affirmed. Memorandum: The only issue on this appeal is whether the rule in People v Silver (33 NY2d 475) requires the prosecution to counter defendant’s psychiatric evidence of his lack of mental capacity with its own expert evidence. Defendant was indicted for rape first degree, sodomy first degree, kidnapping second degree and criminal facilitation second degree. He had confessed the facts leading to the charges and based his defense on lack of mental capacity due to mental defect (Penal Law, § 30.05). He was found guilty as charged by jury verdict. In December, 1973…