On January 11, 1991 respondent Francis Di Donato (hereinafter defendant) was indicted by a Schenectady County Grand Jury on three counts of murder in the second degree and one count of burglary in the first degree. The crimes involved the beating and strangulation of the victim after defendant broke into her home and stole her money. In March 1992 defendant's counsel sought to file a notice of intent to proffer psychiatric testimony in accordance...
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