Section 250.30. Notice of defenses in offenses involving computers  


Latest version.
  • 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.