In the Matter of Rufus Lee, Respondent-Appellant v. County Court of Erie County, Appellants-Respondents

Summary

The Court held that a defendant who pleads not guilty by reason of insanity waives the Fifth Amendment privilege against self‑incrimination during pre‑trial psychiatric examinations, and therefore may be compelled to cooperate. The Court also ruled that the lower court may not strike the insanity plea as a sanction; instead, if the defendant refuses to cooperate, his psychiatric testimony is inadmissible and the trial court may presume sanity, while allowing counsel and the prosecutor to observe the examination. Chief Judge Fuld and Judge Breitel dissented, arguing that the defendant should not be compelled to submit to another examination and that counsel should have a more active role.