New York statute
N.Y. Criminal Procedure Law § 60.55 — Rules of evidence; psychiatric testimony in certain cases
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 60: Rules of Evidence and Related Matters, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 60.55
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
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