In re Marvin B.

*905OPINION OF THE COURT

Randall T. Eng, J.

By motion dated January 10,1996, the Mental Hygiene Legal Services, on behalf of the respondent and pursuant to Judiciary Law § 35 (4) and CPL 330.20 (15), has moved for an order appointing an independent psychiatrist to evaluate Marvin B.1 and to testify at a subsequent retention hearing to be held pursuant to CPL 330.20 (9).

The application is opposed by the Attorney-General of the State of New York on behalf of the Commissioner of the New York State Office of Mental Health (OMH) and the Creedmore Psychiatric Center (CPC), and also by the District…