Statute:

Rules of evidence; psychiatric testimony in certain cases

ยง 60.55 Rules of evidence; psychiatric testimony in certain cases.

1. When, in connection with the affirmative defense of lack of
criminal responsibility by reason of mental disease or defect, a
psychiatrist or licensed psychologist testifies at a trial concerning
the defendant's mental condition at the time of the conduct charged to
constitute a crime, he must be permitted to make a statement as to the
nature of any examination of the defendant, the diagnosis of the mental
condition of the defendant and his opinion as to the extent, if any, to
which the capacity of the defendant to know or appreciate the nature and
consequence of such conduct, or its wrongfulness, was impaired as a
result of mental disease or defect at that time.

The psychiatrist or licensed psychologist must be permitted to make
any explanation reasonably serving to clarify his diagnosis and opinion,
and may be cross-examined as to any matter bearing on his competency or
credibility or the validity of his diagnosis or opinion.

2. Any statement made by the defendant to a psychiatrist or licensed
psychologist during his examination of the defendant shall be
inadmissible in evidence on any issue other than that of the affirmative
defense of lack of criminal responsibility, by reason of mental disease
or defect. The statement shall, however, be admissible upon the issue of
the affirmative defense of lack of criminal responsibility by reason of
mental disease or defect, whether or not it would otherwise be deemed a
privileged communication. Upon receiving the statement in evidence, the
court must instruct the jury that the statement is to be considered only
on the issue of such affirmative defense and may not be considered by it
in its determination of whether the defendant committed the act
constituting the crime charged.

CPL 60.55 2014-09-22

Sections:

60. - Rules of Evidence and Related Matters
60.10 - Rules of evidence; in general.
60.15 - Rules of evidence; what witnesses may be called.
60.20 - Rules of evidence; testimonial capacity; evidence given by children.
60.22 - Rules of evidence; corroboration of accomplice testimony.
60.25 - Rules of evidence; identification by means of previous recognition, in absence of present identification.
60.30 - Rules of evidence; identification by means of previous recognition, in addition to present identification.
60.35 - Rules of evidence; impeachment of own witness by proof of prior contradictory statement.
60.40 - Rules of evidence; proof of previous conviction; when allowed.
60.42 - Rules of evidence; admissibility of evidence of victim's sexual conduct in sex offense cases.
60.43 - Rules of evidence; admissibility of evidence of victim's sexual conduct in non-sex offense cases.
60.44 - Use of anatomically correct dolls.
60.45 - Rules of evidence; admissibility of statements of defendants.
60.46 - Rules of evidence, family offense proceedings in family court.
60.47 - Possession of condoms; receipt into evidence.
60.48 - Rules of evidence; admissibility of evidence of victim's manner of dress in sex offense cases.
60.49 - Possession of Opioid Antagonists; Receipt Into Evidence
60.50 - Rules of evidence; statements of defendants; corroboration.
60.55 - Rules of evidence; psychiatric testimony in certain cases.
60.60 - Rules of evidence; certificates concerning judgments of conviction and fingerprints.
60.70 - Rules of evidence; dangerous drugs destroyed pursuant to court order.
60.75 - Rules of evidence; chemical test evidence.
60.76 - Rules of evidence; rape crisis counselor evidence in certain cases.

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