17 N.Y.3d 43 (2011)

A defendant must provide notice under CPL 250.10 when raising an extreme emotional disturbance defense, even if relying solely on lay testimony rather than expert psychiatric evidence.

Summary

Teofilo Diaz was convicted of second-degree murder for strangling his former girlfriend. Diaz sought to assert an extreme emotional disturbance defense, claiming he “went crazy” after the victim told him their son wasn’t his. The prosecution argued Diaz failed to provide the notice required by CPL 250.10(2). The trial court allowed late notice and an examination by the People’s psychiatrist. The New York Court of Appeals held that the notice requirement of CPL 250.10 applies even when the defendant intends to rely solely on lay testimony to prove the defense, as fairness dictates the prosecution have an opportunity to rebut such claims.

Facts

Teofilo Diaz strangled his former girlfriend, Felipa Santana, after she told him that their son wasn’t his. This occurred shortly after Diaz was released from prison for assaulting Santana, and violated an order of protection. Diaz fled to Florida and was apprehended a year later. He was charged with murder, criminal contempt, and endangering the welfare of a child.

Procedural History

The trial court allowed Diaz to file a late notice of intent to present an extreme emotional disturbance defense, and granted the prosecution time for a psychiatric examination of Diaz. Diaz was convicted of second-degree murder. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal.

Issue(s)

Whether the notice requirement of CPL 250.10 applies when a defendant intends to raise an extreme emotional disturbance defense relying solely on lay testimony.

Holding

Yes, because the statute and principles of fairness require notice to the prosecution regardless of whether the evidence is expert or lay testimony.

Court’s Reasoning

The Court reasoned that “psychiatric evidence” as defined in CPL 250.10 encompasses any mental health evidence, including lay testimony. The purpose of the notice provision is to prevent unfair surprise and allow the prosecution an opportunity to acquire relevant information to counter the defense. Quoting People v. Berk, 88 N.Y.2d 257, 265 (1996), the Court stated that the notice provision is intended “to allow the People an opportunity to obtain any mental health evidence necessary to refute a defense of mental infirmity, it follows that it applies to any mental health evidence to be offered by the defendant in connection with such a defense.” The Court acknowledged that preclusion of a defense for failure to comply with the notice provision can implicate a defendant’s constitutional rights, and trial courts must balance these rights against the prejudice to the People. However, in this case, the court allowed the late notice and the defense was presented, mitigating any constitutional concerns. The court also determined that compelling the defendant to submit to examination by the People’s psychiatrist was authorized under CPL 250.10(3).