People v. Coulter

OPINION OF THE COURT

Thomas Feinman, J.

The People move for an order, in limine, permitting the introduction of expert testimony concerning Munchausen Syndrome By Proxy (hereinafter MSBP) at the trial of the instant matter. The defendant is charged with violating Penal Law § 260.10 (1) (Endangering the welfare of a child).

In essence, the People seek to put into evidence, as part of their case-in-chief, the mental condition of the defendant without the issue first being raised by plea or by introduction of the defendant’s state of mind as part of the defense. Defendant argues any reference to…