New York Court of Appeals

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

January 14, 197127 N.Y.2d 432

Summary

The Court held that a defendant who pleads not guilty by reason of insanity waives the Fifth Amendment privilege against self‑incrimination, must submit to a pre‑trial psychiatric examination, and may not present psychiatric evidence if he refuses; the court may not strike the insanity plea but may presume sanity and preclude such evidence, and it allowed defense counsel and the prosecutor to be present as observers at the examination. Chief Judge Fuld and Judge Breitel dissented, arguing that the defendant should not be compelled to submit and that counsel should have an active role.