Legal Opinion
People v. Diaz
Appellate Division of the Supreme Court of the State of New York
Decided March 17, 2009PublishedCited by 4 opinions
1Opinion of the Court
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.
On June 4, 2000, the defendant strangled to death Felipa Santana, his former girlfriend. At trial, the defendant testified that on the night of the…
2Cases cited48 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. CrimminsNew York Court of Appeals · 1975
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- Malloy v. HoganSupreme Court of the United States · 1964
43 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- People v. DiazNew York Court of Appeals · 2010
- People v. MullerAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GonzalezNew York Supreme Court · 2009
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2022