People v. Alsteens

I concur in the result reached by Judge Fitzgerald on the ground that at a pretrial conference the defense stipulated clearly and unequivocally that the psychiatrist who conducted the examination at the forensic center to determine the defendant’s competence to stand trial could be called as a witness by the prosecution in the case in chief.

The unchallenged affidavit of defendant’s trial counsel attached to appellee’s brief recites that his agreement to allow the examining psychiatrist to *480testify was part of his trial strategy, that he was aware that the testimony would have been inadmissible…