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Decided on December 10, 2004
Supreme Court, Kings County

898/04
Matthew J. D'emic, J.
Defendant, in this domestic violence prosecution, is charged with murdering his girlfriend, placing her body in a garbage bag and leaving her to be picked-up and deposited in a garbage truck. He initially served upon the People a notice of psychiatric defense and hired a licensed psychologist who examined the defendant but did not issue a report.
The defendant has now amended his notice to the effect that he will interpose the mitigating defense of extreme emotional disturbance. He will not present expert psychiatric testimony at trial, but will rely instead upon lay testimony, that is, defendant himself will testify about his extreme emotional disturbance at the time of the event.
The People move, pursuant to Criminal Procedure Law

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New York Law