Legal Opinion

People v. Diaz

New York Supreme Court

Decided March 15, 2004PublishedCited by 2 opinions

1Opinion of the Court

*687OPINION OF THE COURT

John M. Leventhal, J.

This decision determines the legitimacy of the court’s order permitting the prosecution to have the defendant examined by a People’s psychiatric expert and establishes the parameters of the expert’s testimony.

In deciding this matter, the court has considered all prior proceedings, the defendant’s memorandum, supplemental memorandum, oral arguments, and copies of the briefs submitted to the Court of Appeals in People v Smith (1 NY3d 610 [2004]).

Background

On June 4, 2000, the defendant strangled his former girlfriend (called by the defendant his…

2Cases cited59 opinions

  1. Harris v. New YorkSupreme Court of the United States · 1971
  2. Patterson v. New YorkSupreme Court of the United States · 1977
  3. United States v. WatsonSupreme Court of the United States · 1975
  4. Estelle v. SmithSupreme Court of the United States · 1981
  5. People v. . MolineuxNew York Court of Appeals · 1901

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3Cited by2 opinions

  1. People v. DiazAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. DiazNew York Supreme Court, Kings County · 2004

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