People v. Rodriguez

Murphy P. J.,

dissents in a memorandum as follows: Defendant Rodriguez was indicted for selling substantial quantities of heroin to an undercover police officer. At the defendant’s request, the court directed that the defendant receive a psychiatric examination. Two psychiatrists examined the defendant and found that he was not fit to proceed to trial. Pursuant to CPL 730.30 (subd 3), the prosecution then moved, as of right, for a hearing to controvert the psychiatric reports. That hearing was held on July 27, 1978 before Justice Marks. One phychiatrist, John Simon, found, inter alia, that the…