§ 250.10 Notice of intent to proffer psychiatric evidence; examination\n of defendant upon application of prosecutor.\n 1. As used in this section, the term "psychiatric evidence" means:\n (a) Evidence of mental disease or defect to be offered by the\ndefendant in connection with the affirmative defense of lack of criminal\nresponsibility by reason of mental disease or defect.\n (b) Evidence of mental disease or defect to be offered by the\ndefendant in connection with the affirmative defense of extreme\nemotional disturbance as defined in paragraph (a) of subdivision one of\nsection 125.25 of the penal law and paragraph (a) of subdivision two of\nsection 125.27 of the penal law.\n (c) Evidence of mental disease or defect to be offered by the\ndefendant in connection with any other defense not specified in the\npreceding paragraphs.\n 2. Psychiatric evidence is not admissible upon a trial unless the\ndefendant serves upon the people and files with the court a written\nnotice of his intention to present psychiatric evidence. Such notice\nmust be served and filed before trial and not more than thirty days\nafter entry of the plea of not guilty to the indictment. In the\ninterest of justice and for good cause shown, however, the court may\npermit such service and filing to be made at any later time prior to the\nclose of the evidence.\n 3. When a defendant, pursuant to subdivision two of this section,\nserves notice of intent to present psychiatric evidence, the district\nattorney may apply to the court, upon notice to the defendant, for an\norder directing that the defendant submit to an examination by a\npsychiatrist or licensed psychologist as defined in article one hundred\nfifty-three of the education law designated by the district attorney. If\nthe application is granted, the psychiatrist or psychologist designated\nto conduct the examination must notify the district attorney and counsel\nfor the defendant of the time and place of the examination. Defendant\nhas a right to have his counsel present at such examination. The\ndistrict attorney may also be present. The role of each counsel at such\nexamination is that of an observer, and neither counsel shall be\npermitted to take an active role at the examination.\n 4. After the conclusion of the examination, the psychiatrist or\npsychologist must promptly prepare a written report of his findings and\nevaluation. A copy of such report must be made available to the district\nattorney and to the counsel for the defendant. No transcript or\nrecording of the examination is required, but if one is made, it shall\nbe made available to both parties prior to the trial.\n 5. If the court finds that the defendant has willfully refused to\ncooperate fully in the examination ordered pursuant to subdivision three\nof this section it may preclude introduction of testimony by a\npsychiatrist or psychologist concerning mental disease or defect of the\ndefendant at trial. Where, however, the defendant has other proof of his\naffirmative defense, and the court has found that the defendant did not\nsubmit to or cooperate fully in the examination ordered by the court,\nthis other evidence, if otherwise competent, shall be admissible. In\nsuch case, the court must instruct the jury that the defendant did not\nsubmit to or cooperate fully in the pre-trial psychiatric examination\nordered by the court pursuant to subdivision three of this section and\nthat such failure may be considered in determining the merits of the\naffirmative defense.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.