N.Y. Criminal Procedure Law § 250.30: Notice of defenses in offenses involving computers

§ 250.30 Notice of defenses in offenses involving computers.

1. In any prosecution in which the defendant seeks to invoke any of

the defenses specified in section 156.50 of the penal law, the defendant

must within forty-five days after arraignment and not less than twenty

days before the commencement of the trial serve upon the people and file

with the court a written notice of his intention to present such

defense. For good cause shown, the court may extend the period for

service of the notice.

2. The notice served must specify the subdivision or subdivisions upon

which the defendant relies and must also state the reasonable grounds

that led the defendant to believe that he had the authorization required

by the statute or the right required by the statute to engage in such

conduct.

3. If at the trial the defendant seeks to invoke any of the defenses

specified in section 156.50 of the penal law without having served the

notice as required, or seeks to invoke a subdivision or a ground not

specified in the notice, the court may exclude any testimony or evidence

in regard to the defense, or any subdivision or ground, not noticed. The

court may in its discretion, for good cause shown, receive such

testimony or evidence, but before doing so, it may, upon application of

the people, grant an adjournment.