In People v. Drew (1978) 22 Cal.3d 333, the Supreme Court replaced the "M'Naghten test" of insanity with the following test proposed by the American Law Institute: "' A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality wrongfulness of his conduct or to conform his conduct to the requirements of law.'" (Drew, at pp. 336-337, fn. 3.) Drew provided for its retroactive application "to those cases not yet final in which the defendant has pled not guilty by reason of insanity and to cases that have not yet come to trial as of the date of the finality of this opinion." ( Id., at p. 348.)