People v. Sullivan

Memorandum. Although appellant’s counsel sought to present a defense of insanity, appellant stated that he did not desire to raise such defense and specifically refused to cooperate with both defense and prosecution psychiatrists. As a consequence, the trial court properly precluded the appellant from introducing into evidence psychiatric testimony that would support this defense. (Matter of Lee v County Ct. of Erie County, 27 NY2d 432, 443, cert den 404 US 823.) The trial court also instructed the jury that the presumption of sanity had not been overcome and that appellant was presumed to be…