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PEOPLE v. GUEVARA

No. 72 SSM 13.

37 N.Y.3d 1014 (2021)

174 N.E.3d 1240

152 N.Y.S.3d 866

2021 NY Slip Op 04955

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE GUEVARA, Appellant.

Court of Appeals of New York.

Decided September 9, 2021.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York City ( Gabe Newland of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Susan Axelrod and Susan Gliner of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

Defendant Jose Guevara was convicted by jury verdict of one count of manslaughter in the first degree (Penal Law § 125.20). After defendant provided timely notice that he intended to present psychiatric evidence at trial, he was twice interviewed by a clinical psychologist engaged by the People (see CPL 250.10[2], [3]). Although...

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