People v. Atwood

OPINION OF THE COURT

Harold J. Rothwax, J.

The defendant is charged with the crime of murder in the second degree (Penal Law, § 125.25). During the course of pretrial discussions, the defendant’s attorney advised the prosecutor and the court, though he was not obliged to do so, that the defendant intended, on the trial of the case, to rely on the affirmative defense that the defendant acted under the influ*292ence of extreme emotional disturbance (Penal Law, § 125.25, subd 1, par [a]). The defendant’s attorney further advised that, in order carry the burden which such a defense imposes (see Penal…