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Consolidated Laws of New York
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Article 250 - NY Criminal Procedure Law
PRE TRIAL NOTICES OF DEFENSES
S 250.10 Notice of intent to proffer psychiatric evidence; examination
of defendant upon application of prosecutor.
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 defect.
(b) Evidence of mental disease or defect to be offered by the
defendant in connection with the affirmative defense of extreme
emotional disturbance as defined in paragraph (a) of subdivision one of
section 125.25 of the penal law and paragraph (a) of subdivision two of
section 125.27 of the penal law.
(c) Evidence of mental disease or defect to be offered by the
defendant in connection with any other defense not specified in the
2. Psychiatric evidence is not admissible upon a trial unless the
defendant serves upon the people and files with the court a written
notice of his intention to present psychiatric evidence. Such notice
must be served and filed before trial and not more than thirty days
after entry of the plea of not guilty to the indictment. In the
interest of justice and for good cause shown, however, the court may
permit such service and filing to be made at any later time prior to the
close of the evidence.
3. When a defendant, pursuant to subdivision two of this section,
serves notice of intent to present psychiatric evidence, the district
attorney may apply to the court, upon notice to the defendant, for an
order directing that the defendant submit to an examination by a
psychiatrist or licensed psychologist as defined in article one hundred
fifty-three of the education law designated by the district attorney. If
the application is granted, the psychiatrist or psychologist designated
to conduct the examination must notify the district attorney and counsel
for the defendant of the time and place of the examination. Defendant
has a right to have his counsel present at such examination. The
district attorney may also be present. The role of each counsel at such
examination is that of an observer, and neither counsel shall be
permitted to take an active role at the examination.
4. After the conclusion of the examination, the psychiatrist or
psychologist must promptly prepare a written report of his findings and
evaluation. A copy of such report must be made available to the district
attorney and to the counsel for the defendant. No transcript or
recording of the examination is required, but if one is made, it shall
be made available to both parties prior to the trial.
5. If the court finds that the defendant has willfully refused to
cooperate fully in the examination ordered pursuant to subdivision three
of this section it may preclude introduction of testimony by a
psychiatrist or psychologist concerning mental disease or defect of the
defendant at trial. Where, however, the defendant has other proof of his
affirmative defense, and the court has found that the defendant did not
submit to or cooperate fully in the examination ordered by the court,
this other evidence, if otherwise competent, shall be admissible. In
such case, the court must instruct the jury that the defendant did not
submit to or cooperate fully in the pre-trial psychiatric examination
ordered by the court pursuant to subdivision three of this section and
that such failure may be considered in determining the merits of the
S 250.20 Notice of alibi.
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 charged
he was at some place or places other than the scene of the crime, and to
call witnesses in support of such defense, he must, within eight days of
service of such demand, serve upon the people, and file a copy thereof
with the court, a "notice of alibi," reciting (a) the place or places
where the defendant claims to have been at the time in question, and (b)
the names, the residential addresses, the places of employment and the
addresses thereof of every such alibi witness upon whom he intends to
rely. For good cause shown, the court may extend the period for service
of the notice.
2. Within a reasonable time after receipt of the defendant`s witness
list but not later than ten days before trial, the people must serve
upon the defendant or his counsel, and file a copy thereof with the
court, a list of the witnesses the people propose to offer in rebuttal
to discredit the defendant`s alibi at the trial together with the
residential addresses, the places of employment and the addresses
thereof of any such rebuttal witnesses. A witness who will testify
that the defendant was at the scene of the crime is not such an alibi
rebuttal witness. For good cause shown, the court may extend the period
for service of the list of witnesses by the people.
3. If at the trial the defendant calls such an alibi witness without
having served the demanded notice of alibi, or if having served such a
notice he calls a witness not specified therein, the court may exclude
any testimony of such witness relating to the alibi defense. The court
may in its discretion receive such testimony, but before doing so, it
must, upon application of the people, grant an adjournment not in excess
of three days.
4. Similarly, if the people fail to serve and file a list of any
rebuttal witnesses, the provisions of subdivision three, above, shall
5. Both the defendant and the people shall be under a continuing duty
to promptly disclose the names and addresses of additional witnesses
which come to the attention of either party subsequent to filing their
witness lists as provided in this section.
S 250.30 Notice of defenses in offenses involving computers.
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 people and file
with the court a written notice of his intention to present such
defense. For good cause shown, the court may extend the period for
service of the notice.
2. The notice served must specify the subdivision or subdivisions upon
which the defendant relies and must also state the reasonable grounds
that led the defendant to believe that he had the authorization required
by the statute or the right required by the statute to engage in such
3. If at the trial the defendant seeks to invoke any of the defenses
specified in section 156.50 of the penal law without having served the
notice as required, or seeks to invoke a subdivision or a ground not
specified in the notice, the court may exclude any testimony or evidence
in regard to the defense, or any subdivision or ground, not noticed. The
court may in its discretion, for good cause shown, receive such
testimony or evidence, but before doing so, it may, upon application of
the people, grant an adjournment.
S 250.40 Notice of intent to seek death penalty.
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 prosecution in which the people seek a sentence of death,
the people shall, within one hundred twenty days of the defendant`s
arraignment upon an indictment charging the defendant with murder in the
first degree, serve upon the defendant and file with the court in which
the indictment is pending a written notice of intention to seek the
death penalty. For good cause shown the court may extend the period for
service and filing of the notice.
3. Notwithstanding any other provisions of law, where the people file
a notice of intent to seek the death penalty pursuant to this section
the defendant shall be entitled to an additional sixty days for the
purpose of filing new motions or supplementing pending motions.
4. A notice of intent to seek the death penalty may be withdrawn at
any time by a written notice of withdrawal filed with the court and
served upon the defendant. Once withdrawn the notice of intent to seek
the death penalty may not be refiled.
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