by admin | May 14, 2021 | Criminal Procedure, New York
1. A sentence of death may not be imposed upon a defendant convicted of murder in the first degree unless, pursuant to subdivision two of this section, the people file with the court and serve upon the defendant a notice of intent to seek the death penalty.2. In any...
by admin | May 14, 2021 | Criminal Procedure, New York
1. In any prosecution in which the defendant seeks to invoke any of the defenses specified in section 156.50 of the penal law, the defendant must within forty-five days after arraignment and not less than twenty days before the commencement of the trial serve upon the...
by admin | May 14, 2021 | Criminal Procedure, New York
1. At any time, not more than twenty days after arraignment, the people may serve upon the defendant or his counsel, and file a copy thereof with the court, a demand that if the defendant intends to offer a trial defense that at the time of the commission of the crime...
by admin | May 14, 2021 | Criminal Procedure, New York
1. As used in this section, the term “psychiatric evidence” means: (a) Evidence of mental disease or defect to be offered by the defendant in connection with the affirmative defense of lack of criminal responsibility by reason of mental disease or...
by admin | May 14, 2021 | Criminal Procedure, New York
The fact that a party has indicated during the discovery process an intention to offer specified evidence or to call a specified witness is not admissible in evidence or grounds for adverse comment at a hearing or a trial.N.Y. Crim. Proc. Law ยง 245.85Added by New York...
by admin | May 14, 2021 | Criminal Procedure, New York
1. Need for remedy or sanction. (a) When material or information is discoverable under this article but is disclosed belatedly, the court shall impose an appropriate remedy or sanction if the party entitled to disclosure shows that it was prejudiced. Regardless of a...
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