People v. Roche

OPINION OF THE COURT

Graffeo, J.

In this prosecution stemming from the brutal stabbing by defendant of his common-law wife, the Appellate Division reversed defendant’s conviction of murder in the second degree based on the trial court’s failure to charge the jury concerning the affirmative defense of extreme emotional disturbance. Because the evidence at trial was insufficient to support the defense of extreme emotional disturbance, we reverse the Appellate Division order and reinstate defendant’s conviction.

Defendant was charged with murder in the second degree based on the December 1991…