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PEOPLE v. GONZALEZ

No. 12

22 N.Y.3d 539 (2014)

5 N.E.3d 1269

983 N.Y.S.2d 208

2014 NY Slip Op 896

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR GONZALEZ, Appellant.

Court of Appeals of New York.

Decided February 13, 2014.

Attorney(s) appearing for the Case

Davis Polk & Wardwell LLP, New York City ( Mathew S. Miller of counsel), and The Bronx Defenders, Bronx ( V. Marika Meis of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Peter D. Coddington of counsel), for respondent.

Order reversed and a new trial ordered.

OPINION OF THE COURT

ABDUS-SALAAM, J.

Under CPL 250.10, a defendant must provide notice of intent to offer evidence in connection with the affirmative defense of extreme emotional disturbance (EED). We have held that a defendant seeking to admit expert or lay testimony related to an EED defense must comply with the notice requirement before that defense may be submitted to the jury (see People v Diaz, 15 N.Y.3d 40

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