People v. Trait

— Order unanimously reversed, motion denied, and indictment reinstated. Memorandum: On September 15, 1978 defendant was charged under an eight-count indictment with having murdered her four children. She interposed a defense of lack of criminal responsibility by reason of mental disease or defect (Penal Law, § 30.05) and was thereafter examined by two psychiatrists on behalf of the prosecution. Jury selection began on April 24, 1979 but was interrupted before any juror was sworn because of the illness of the Assistant District Attorney prosecuting the case. The jury panel was dismissed and…