People v. Jones

—Judgment reversed on the law, application granted and new trial granted. Memorandum: County Court abused its discretion in denying defendant’s application for authorization to have neurological testing conducted based on reports that, as a child, defendant sustained a traumatic head injury that caused permanent brain damage. Defendant’s expert, Dr. Fisher, recommended neurological tests based upon his belief that defendant’s cognitive limitations were a result of brain damage and a 30-year history of alcoholism. Thus, testing was crucial to defendant’s asserted defense of justification (see,…