17.9 - A. Plea Of Not Responsible By Reason Of Mental Disease

• Jurisdiction: New York

a. Plea of Not Responsible by Reason of Mental Disease

A defendant may plead not responsible by reason of mental disease or defect if the prosecutor consents and the court gives its permission to such a plea.²⁶⁴² The district attorney must (1) state that the People consent to the plea; (2) state that the prosecution is satisfied that it could not disprove, beyond a reasonable doubt, the defense at trial; (3) set forth the evidence available to the prosecution concerning the crimes charged, including all psychiatric evidence “known or available” to the People; and (4) detail the reasons for recommending such plea.²⁶⁴³ Defense counsel must (1) give his opinion that the defendant is competent to enter such plea, (2) state whether there are any other viable defenses, and (3) specify the available psychiatric evidence with respect to this defense.²⁶⁴⁴

Before accepting a plea of not responsible by reason of mental disease or defect, the court may conduct a hearing,²⁶⁴⁵ and it must address the defendant in open court in...