PEOPLE v. PLOSKA


52 A.D.3d 742 (2008)

861 N.Y.S.2d 694

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE PLOSKA, Appellant.

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

Decided June 17, 2008.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, under the circumstances of this case, the testimony offered by the People on rebuttal was admissible for the purpose of disproving his claim that, as a result of brain damage caused by the onset of multiple sclerosis, he was not guilty by reason of mental disease or defect (see Penal Law § 40.15; People v Santarelli, 49 N.Y.2d 241 ...

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