Legal Opinion

People v. Gonzalez

New York Court of Appeals

Decided February 13, 2014PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Abdus-Salaam, J.

Under CPL 250.10, a defendant must provide notice of intent to offer evidence in connection with the affirmative defense of extreme emotional disturbance (EED). We have held that a defendant seeking to admit expert or lay testimony related to an EED defense must comply with the notice requirement before that defense may be submitted to the jury (see People v Diaz, 15 NY3d 40, 46-47 [2010]; People v Berk, 88 NY2d 257, 263 [1996]). The question presented here is whether CPL 250.10 applies where the defendant offers no evidence at trial hut requests an EED…

2Cases cited10 opinions

  1. People v. CasassaNew York Court of Appeals · 1980
  2. People v. MoyeNew York Court of Appeals · 1985
  3. People v. BerkNew York Court of Appeals · 1996
  4. People v. AlmonorNew York Court of Appeals · 1999
  5. People v. WhiteNew York Court of Appeals · 1992

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3Cited by19 opinions

  1. The People v. Jose ValentinNew York Court of Appeals · 2017
  2. People v. KingAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. MohamudAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. SidburyNew York Court of Appeals · 2024
  5. People v. BaileyAppellate Division of the Supreme Court of the State of New York · 2016

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