PEOPLE v. RIVERS


281 A.D.2d 348 (2001)

723 N.Y.S.2d 14

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES RIVERS, Appellant.

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

Decided March 29, 2001.


The court properly exercised its discretion in granting the People's motion to preclude defendant from testifying that, at the time of the incident, his state of mind had been affected by his use of interferon, a medication prescribed to him for liver trouble. Specifically, defendant wished to testify that the interferon rendered him unaware of what he was doing at the time of the crime. It is undisputed that defendant never served any written CPL 250.10 notice; the only...

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