N.Y. Criminal Procedure Law § 60.55: Rules of evidence; psychiatric testimony in certain cases

§ 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.