New York State Law

Criminal Procedure Law

Consolidated Laws of New York's CPL code

  Search CPL Laws

Article 250 - NY Criminal Procedure Law

PRE TRIAL NOTICES OF DEFENSES

Section Description
250.10Notice of intent to proffer psychiatric evidence; examination of defendant upon application of prosecutor.
250.20Notice of alibi.
250.30Notice of defenses in offenses involving computers.
250.40Notice of intent to seek death penalty.
S 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.

S 250.20 Notice of alibi.
  1.  At any time, not more than twenty days after arraignment, the
people may serve upon the defendant or his counsel, and file a copy
thereof with the court, a demand that if the defendant intends to offer
a trial defense that at the time of the commission of the crime charged
he was at some place or places other than the scene of the crime, and to
call witnesses in support of such defense, he must, within eight days of
service of such demand, serve upon the people, and file a copy thereof
with the court, a "notice of alibi," reciting (a) the place or places
where the defendant claims to have been at the time in question, and (b)
the names, the residential addresses, the places of employment and the
addresses thereof of every such alibi witness upon whom he intends to
rely.  For good cause shown, the court may extend the period for service
of the notice.
  2.  Within a reasonable time after receipt of the defendant`s witness
list but not later than ten days before trial, the people must serve
upon the defendant or his counsel, and file a copy thereof with the
court, a list of the witnesses the people propose to offer in rebuttal
to discredit the defendant`s alibi at the trial together with the
residential addresses, the places of employment and the addresses
thereof of any such rebuttal witnesses.  A witness who will testify
that the defendant was at the scene of the crime is not such an alibi
rebuttal witness.  For good cause shown, the court may extend the period
for service of the list of witnesses by the people.
  3.  If at the trial the defendant calls such an alibi witness without
having served the demanded notice of alibi, or if having served such a
notice he calls a witness not specified therein, the court may exclude
any testimony of such witness relating to the alibi defense.  The court
may in its discretion receive such testimony, but before doing so, it
must, upon application of the people, grant an adjournment not in excess
of three days.
  4.  Similarly, if the people fail to serve and file a list of any
rebuttal witnesses, the provisions of subdivision three, above, shall
reciprocally apply.
  5.  Both the defendant and the people shall be under a continuing duty
to promptly disclose the names and addresses of additional witnesses
which come to the attention of either party subsequent to filing their
witness lists as provided in this section.

S 250.30 Notice of defenses in offenses involving computers.
  1. In any prosecution in which the defendant seeks to invoke any of
the defenses specified in section 156.50 of the penal law, the defendant
must within forty-five days after arraignment and not less than twenty
days before the commencement of the trial serve upon the people and file
with the court a written notice of his intention to present such
defense. For good cause shown, the court may extend the period for
service of the notice.
  2. The notice served must specify the subdivision or subdivisions upon
which the defendant relies and must also state the reasonable grounds
that led the defendant to believe that he had the authorization required
by the statute or the right required by the statute to engage in such
conduct.
  3. If at the trial the defendant seeks to invoke any of the defenses
specified in section 156.50 of the penal law without having served the
notice as required, or seeks to invoke a subdivision or a ground not
specified in the notice, the court may exclude any testimony or evidence
in regard to the defense, or any subdivision or ground, not noticed. The
court may in its discretion, for good cause shown, receive such
testimony or evidence, but before doing so, it may, upon application of
the people, grant an adjournment.

S 250.40 Notice of intent to seek death penalty.
  1. A sentence of death may not be imposed upon a defendant convicted
of murder in the first degree unless, pursuant to subdivision two of
this section, the people file with the court and serve upon the
defendant a notice of intent to seek the death penalty.
  2. In any prosecution in which the people seek a sentence of death,
the people shall, within one hundred twenty days of the defendant`s
arraignment upon an indictment charging the defendant with murder in the
first degree, serve upon the defendant and file with the court in which
the indictment is pending a written notice of intention to seek the
death penalty. For good cause shown the court may extend the period for
service and filing of the notice.
  3. Notwithstanding any other provisions of law, where the people file
a notice of intent to seek the death penalty pursuant to this section
the defendant shall be entitled to an additional sixty days for the
purpose of filing new motions or supplementing pending motions.
  4. A notice of intent to seek the death penalty may be withdrawn at
any time by a written notice of withdrawal filed with the court and
served upon the defendant. Once withdrawn the notice of intent to seek
the death penalty may not be refiled.

Top of Page

Criminal Procedure Law - Table of Contents

Criminal Procedure Law Index | Article Index | Search Phrases | Popular Articles | Law Terms
Part 1 | Part 2 | Part 3 | Title A | Title B | Title C | Title D | Title H | Title I | Title J | Title K | Title L | Title M | Title P | Title Q | Title R | Title S | Title T | Title U | 01 | 02 | 10 | 20 | 30 | 40 | 50 | 60 | 65 | 70 | 100 | 110 | 120 | 130 | 140 | 150 | 160 | 170 | 180 | 182 | 185 | 190 | 195 | 200 | 210 | 215 | 216 | 220 | 230 | 240 | 250 | 255 | 260 | 270 | 280 | 290 | 300 | 310 | 320 | 330 | 340 | 350 | 360 | 370 | 380 | 390 | 400 | 410 | 420 | 430 | 440 | 450 | 460 | 470 | 500 | 510 | 520 | 530 | 540 | 550 | 560 | 570 | 580 | 590 | 600 | 610 | 620 | 630 | 640 | 650 | 660 | 670 | 680 | 690 | 700 | 705 | 710 | 715 | 720 | 725 | 730

Disclaimer: While every effort has been made to ensure that the information contained in this site is accurate and current, readers should consult with a qualified attorney before acting on any such information. No liability is assumed by YPDcrime.com for any losses suffered directly or indirectly by any person relying on the information because its accuracy cannot be guaranteed.