People v. Burton

Judgment unanimously reversed on the law and new trial granted. Memorandum: Defendant, who was convicted after a jury trial of second degree murder (Penal Law § 125.25 [2]), argues on appeal that the court abused its discretion and violated defendant’s Sixth Amendment right to present witnesses by precluding defendant from presenting psychiatric evidence. We agree.

Pursuant to CPL 250.10 (2), defendant must file a notice of intention to present psychiatric evidence not more than 30 days after entry of the plea of not guilty. However, the court in its discretion and for good cause shown may…