People v. Miller

Judgment affirmed. Memorandum: In October 1993 defendant was charged with murder in the second degree, criminal possession of a weapon in the third degree, and criminal possession of a weapon in the fourth degree. Almost a year later, defendant served a CPL 250.10 notice of intention to offer psychiatric testimony. Although the notice was not timely served, the People agreed to accept it in exchange for defendant’s acceptance of their untimely CPL 710.30 notice. In February 1995 Dr. Brian Joseph, a psychiatrist, examined defendant for the purpose of preparing for the affirmative defense of…