2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title J - Prosecution of Indictments in Superior Courts--Plea to Sentence › Article 250 - Pre-Trial Notices of Defenses › 250.10 - Notice of Intent to Proffer Psychiatric Evidence; Examination of Defendant Upon Application of Prosecutor.

§  250.10  Notice of intent to proffer psychiatric evidence; examination
of defendant upon application of prosecutor.
1. As used in this section, the term "psychiatric evidence" means:
(a) Evidence of  mental  disease  or  defect  to  be  offered  by  the
defendant in connection with the affirmative defense of lack of criminal
responsibility by reason of mental disease or defect.
(b)  Evidence  of  mental  disease  or  defect  to  be  offered by the
defendant  in  connection  with  the  affirmative  defense  of   extreme
emotional  disturbance as defined in paragraph (a) of subdivision one of
section 125.25 of the penal law and paragraph (a) of subdivision two  of
section 125.27 of the penal law.
(c)  Evidence  of  mental  disease  or  defect  to  be  offered by the
defendant in connection with any other  defense  not  specified  in  the
preceding paragraphs.
2.  Psychiatric  evidence  is  not  admissible upon a trial unless the
defendant serves upon the people and files  with  the  court  a  written
notice  of  his  intention to present psychiatric evidence.  Such notice
must be served and filed before trial and  not  more  than  thirty  days
after  entry  of  the  plea  of  not  guilty to the indictment.   In the
interest of justice and for good cause shown,  however,  the  court  may
permit such service and filing to be made at any later time prior to the
close of the evidence.
3.  When  a  defendant,  pursuant  to subdivision two of this section,
serves notice of intent to present psychiatric  evidence,  the  district
attorney  may  apply  to the court, upon notice to the defendant, for an
order directing that  the  defendant  submit  to  an  examination  by  a
psychiatrist  or licensed psychologist as defined in article one hundred
fifty-three of the education law designated by the district attorney. If
the application is granted, the psychiatrist or psychologist  designated
to conduct the examination must notify the district attorney and counsel
for  the  defendant  of the time and place of the examination. Defendant
has a right to  have  his  counsel  present  at  such  examination.  The
district  attorney may also be present. The role of each counsel at such
examination is that  of  an  observer,  and  neither  counsel  shall  be
permitted to take an active role at the examination.
4.  After  the  conclusion  of  the  examination,  the psychiatrist or
psychologist must promptly prepare a written report of his findings  and
evaluation. A copy of such report must be made available to the district
attorney  and  to  the  counsel  for  the  defendant.  No  transcript or
recording of the examination is required, but if one is made,  it  shall
be made available to both parties prior to the trial.
5.  If  the  court  finds  that the defendant has willfully refused to
cooperate fully in the examination ordered pursuant to subdivision three
of  this  section  it  may  preclude  introduction  of  testimony  by  a
psychiatrist  or psychologist concerning mental disease or defect of the
defendant at trial. Where, however, the defendant has other proof of his
affirmative defense, and the court has found that the defendant did  not
submit  to  or  cooperate fully in the examination ordered by the court,
this other evidence, if otherwise competent,  shall  be  admissible.  In
such  case,  the court must instruct the jury that the defendant did not
submit to or cooperate fully in the  pre-trial  psychiatric  examination
ordered  by  the court pursuant to subdivision three of this section and
that such failure may be considered in determining  the  merits  of  the
affirmative defense.