Opinion
128 SSM 9
Decided May 10, 2005.
Appeal, by permission of a Justice of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered August 26, 2004. The Appellate Division affirmed a judgment of the Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), which had convicted defendant, upon a jury verdict, of murder in the second degree.
People v. Hill, 10 AD3d 310, affirmed.
Center for Appellate Litigation, New York City ( Jan Hoth of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx ( Allen H. Saperstein of counsel), for respondent.
Before: Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH Concur.
OPINION OF THE COURT
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Contrary to defendant's claims, the trial court's preclusion of defendant's expert from conducting a psychiatric examination in support of defendant's insanity defense (CPL 250.10 [a]) to a second degree murder charge did not constitute an abuse of discretion. Defendant did not request the examination or announce his intention to pursue an insanity defense until the start of jury selection, having previously stated that, for tactical reasons, he would not do so. Under CPL 250.10 (2), the insanity defense is barred unless timely notice is given to prevent detrimental surprise to the prosecution ( see People v. Almonor, 93 NY2d 571, 581). Defendant's untimely notice thwarts CPL 250.10's intended promotion of procedural order, proper notification and adversarial examination ( see id. at 577-578). Under these facts, the trial court acted within its discretion in precluding the expert examination.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals ( 22 NYCRR 500.4), order affirmed in a memorandum.