People v. Adger

While I agree with the result reached by the majority, I am compelled to write separately because, unlike the majority, I conclude that the trial courts need further guidance as to the scope and nature of the inquiry outlined in People v Poole (48 NY2d 144, 149; see, People v Rosario, 9 NY2d 286, rearg denied 9 NY2d 908, cert denied 368 US 866 [codified in CPL 240.45 (1) (a)]). Although the majority asserts that there is "no need to repeat the reasons and nature of the examination” (majority mem, at 726), the superficial trial court review and inadequacy of the record in these cases are alone…