In People v. Kindt (182 Misc 2d 659), the prosecutor requested to be present at a mental examination of the defendant by the defendant's own psychiatrist. The prosecution cited no authority supporting or even addressing its request. Thus, the court looked to the statutory silence of CPL 250.10. The court maintained that although defense counsel had the right to be present at the prosecution's mental examination of the defendant, it would not allow the reverse situation. The court held (at 661): "It is not for this court or any other to second-guess the Legislature. As is often pointed out, discovery is strictly a creation of the Legislature and if the Legislature does not provide for a certain type of discovery, it is not for the courts to provide it ."