People v. Pitts

Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of assault in the second degree (Penal Law § 120.05 [2]). We reject his contention that County Court abused its discretion in precluding him from offering psychiatric evidence negating an intent to cause physical injury. Defendant failed to serve and file a timely and sufficient notice of intent to offer such evidence (see, CPL 250.10 [2]). Defendant failed to offer an explanation for serving and filing a late and insufficient notice of intent, nor did he establish that he should be allowed to offer…