In People v. Earel (220 AD2d 899 [3d Dept 1995]), that Court was faced with the refusal of the lower court to grant a similar request by the defense to conduct a psychological examination of the rape victim. The Appellate Division held that "in the absence of any express statutory provision County Court lacked the authority to order the examination requested by defendant." (Earel, supra, 220 AD2d 899, 900 [3d Dept 1995].) The Court of Appeals affirmed the order of the Appellate Division although it declined to reach the question of whether the lower court lacked the authority to grant the relief sought (People v. Earel, 89 NY2d 960 [1997]).