Notice of defenses

Notice of defenses

Prosecution discovery may be particularly relevant in computer crime cases where notice of defense is required. New York is one jurisdiction requiring such disclosure. In that state, any defendant intending to argue that he or she was authorized to access a computer system must give notice to the prosecution.FN87 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 or she had the authorization required by the statute or the right required by the statute to engage in such conduct.FN88 If at the trial the defendant seeks to invoke any of the defenses specified in 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.FN89