In Matter of Lee v. County Ct. of Erie County (27 N.Y.2d 432 [1971]), the defendant, in a prior trial, had interposed a defense of insanity. At the prior trial, the defendant introduced expert testimony with regard to the insanity defense. Before the retrial of Lee's case, the lower court ordered the defendant to undergo a psychiatric examination by a People's expert. Lee refused to cooperate with the People's examiner on the ground that any statement made to the government's agent would incriminate him. Because of Lee's refusal, the trial court precluded Lee from presenting an insanity defense. Lee commenced a CPLR article 78 proceeding against the government. The Appellate Division denied relief and the case was presented to the Court of Appeals. The Court of Appeals made numerous holdings. The Court extensively discussed the Fifth Amendment to the United States Constitution. There is nothing in Lee to indicate that the Court considered the New York State Constitution. The Court rejected an argument made by the People, that the prosecution's examination did not violate the Constitution because the examination was nontestimonial (27 N.Y.2d at 439). The Court ruled that the psychiatric examination requires verbal communications between the defendant and the mental health expert and, thus, the expert's testimony is based upon testimonial evidence given by the defendant (id.). The Court then conducted a balancing of rights and concluded that it would be unfair to permit the defendant to claim insanity and preclude the People from obtaining psychiatric evidence from the defendant (id. at 439-441). The Court upheld the order that the defendant undergo a psychiatric examination by a person designated by the government. The Lee court also ruled that the preclusion of the defense of insanity because of the lack of cooperation was improper (id. at 442-443). The Court ruled that the defendant can be precluded from introducing expert testimony on the issue of insanity, but cannot be precluded from introducing "other" testimony to establish the insanity defense.