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INQUIRY INTO WAIVER OF INSANITY DEFENSE DEFICIENT.

The Third Department determined that the court’s inquiry into whether the defendant understood the affirmative defense (insanity) he waived by pleading guilty was insufficient:

Defense counsel advised County Court during the plea colloquy that there were significant issues regarding defendant’s mental state when he attacked the trooper and that, as a result, a psychiatrist had assessed whether defendant “was unable to form the intent necessary” to commit the charged offenses … . Defense counsel then represented that defendant had agreed to accept the proffered plea bargain because the psychiatrist opined that an insanity defense could properly be raised at trial, but that he would be unable to testify to a reasonable degree of medical certainty that defendant “did not understand the nature and consequences of his actions or that his conduct was wrong” (see Penal Law § 40.15). County Court’s response to those statements was limited to confirming that defendant had heard the representations of defense counsel, discussed those issues with him and believed that the plea agreement was “a fair resolution.” The Court of Appeals has made clear, however, that “question[s] to [a] defendant verifying that he [or she] discussed that defense with his [or her] attorney and opted not to assert it” are insufficient under these circumstances … . People v Green, 2016 NY Slip Op 05515, 3rd Dept 7-14-16

CRIMINAL LAW (INQUIRY INTO WAIVER OF INSANITY DEFENSE DEFICIENT)/WAIVER (CRIMINAL LAW, INQUIRY INTO WAIVER OF INSANITY DEFENSE DEFICIENT)/AFFIRMATIVE DEFENSE (CRIMINAL LAW, INQUIRY INTO WAIVER OF INSANITY DEFENSE DEFICIENT)/INSANITY DEFENSE (INQUIRY INTO WAIVER OF INSANITY DEFENSE DEFICIENT)

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