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PEOPLE v. DI DONATO

211 A.D.2d 842 (1995)

621 N.Y.S.2d 226

The People of the State of New York, Respondent, v. Francis Di Donato, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 5, 1995

Casey, J.

Following defendant's indictment on murder and burglary charges, his counsel filed pretrial omnibus motions which did not contain a CPL 250.10 notice of intent to present psychiatric evidence. Defendant obtained new counsel who filed notice of such intention and thereafter moved for leave to file a late CPL 250.10 notice of intent to proffer psychiatric evidence. The People failed to respond due to...

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