ALBANY – A sharply divided state Court of Appeals affirmed the rape conviction of a man Thursday who argued that his defense was crippled by the trial court’s denial of access to all but a few pages of his victim’s extensive mental health records.
The 4-3 majority concluded that the trial judge, Albany County Judge Thomas Breslin, was within his discretion when he decided that the complainant’s interest in the confidentiality of the sensitive mental health reports outweighed defendant Terence McCray’s interest in obtaining most of the records for his defense.
