People v. Wells

*1251Counsel never gave notice of intent. Defendant testified at trial, although he barely addressed the circumstances surrounding the time of the murder itself. At the charge conference after the proof was closed, defense counsel requested an EED defense charge. County Court denied the request on two grounds — lack of notice and lack of proof to support the charge. The jury convicted defendant of the sole count, murder in the second degree, and the court sentenced him to 25 years to life in prison. Defendant appeals.

Counsel erred in failing to give notice of intent to offer psychiatric evidence.…