—[*1]Rose, J. Appeal from a judgment of the County Court of Greene County (Pulver, Jr., J.), rendered March 5, 2002, upon a verdict convicting defendant of the crimes of murder in the second degree and criminal possession of a weapon in the second degree.

This Court previously withheld decision on this matter and remitted for County Court to afford defendant an opportunity to be examined by a neurologist and then have the evaluating psychologist, Steven Altschuler, file a report indicating whether the facts would support a defense of mental disease or defect (6 AD3d 814 [2004]). Now that Altschuler has completed his evaluation and opined that defendant's inability to appreciate the nature and consequences of his actions was likely affected by a cognitive disorder resulting from repeated head trauma, we determine that County Court improperly deprived defendant of his right to present a potential defense and, thus, a new trial is necessary.

Cardona, P.J., Crew III, Carpinello and Lahtinen, JJ., concur. Ordered that the judgment is reversed, on the law, and matter remitted to the County [*2]Court of Greene County for a new trial.