People v. Spencer

OPINION OF THE COURT

William D. Friedmann, J.

The statutory affirmative or contingent mitigating defense to murder in the second degree (Penal Law, § 125.25, subd 1, par [a]), defense of acting “under the influence of extreme emotional disturbance” and the procedure underlying its use, including the consequences of its withdrawal during trial, were placed in issue within the context of a two-count indictment. It charged the defendant with the crimes of attempted murder in the second degree (B felony), and assault in the first degree (C felony). In essence, these charges derived from an…