People v. Owens

OPINION OF THE COURT

David D. Egan, J.

This is a death penalty case. The People sought an order requiring defendant before trial to file a notice of defendant’s intention to offer psychiatric evidence pursuant to CPL 400.27 (13). Defendant opposed the People’s motion and cross-moved for an order declaring CPL 400.27 (13) unconstitutional. (See US Const 5th, 6th, 8th, 14th Amends; NY Const, art I, §§ 2, 5, 6, 11.)

*495On the record defendant acknowledged that he did not intend to offer psychiatric evidence during the guilt phase of trial, and to date has not filed a notice of intent to proffer…