Ordered that the judgment is reversed, on the law, and a new trial is ordered.
Prior to the defendant's trial, he served a statutory notice of intent to raise the defense that he was not criminally responsible as a result of mental disease or defect (see, Penal Law former § 30.05, repealed L 1984, ch 668, § 1, eff Nov. 1, 1984; see also, CPL 250.10), which, under the former statutory
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