Appellate Division of the Supreme Court of the State of New York December 13, 2012 (People v. Wells)

McCarthy, J.

*1251Counsel never gave notice of intent. Defendant testified at trial, although he barely addressed the circumstances surrounding the time of the murder itself. At the charge conference after the proof was closed, defense counsel requested an EED defense charge. County Court denied the request on two grounds — lack of notice and lack of proof to support the charge.