PEOPLE v. DIAZ


62 A.D.3d 157 (2009)

876 N.Y.S.2d 69

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TEOFILO DIAZ, Appellant.

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

Decided March 17, 2009.


Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York City (Erica Horwitz of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Leonard Joblove and Shulamit Rosenblum Nemec of counsel), for respondent.

FISHER, DICKERSON and BELEN, JJ., concur.


OPINION OF THE COURT

SKELOS, J.P.

The principal issues presented on this appeal are whether, pursuant to CPL 250.10, a defendant who intends to interpose an affirmative defense of extreme emotional disturbance is required to serve and file a notice of intent to proffer psychiatric evidence and to submit to an examination by a psychiatrist designated by the People, where the defendant only intends to present lay testimony in support of that defense.

...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases