Legal Opinion

People v. Tabarez

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1985PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

Gibbons, J.

Defendant was convicted, following a jury trial, of attempted murder in the first degree, robbery in the first degree and criminal possession of a weapon in the third degree. On this appeal, the principal issue is whether the County Court erred in refusing his request to instruct the jury on the affirmative defense of "extreme emotional disturbance” set forth in Penal Law § 125.27 (2) (a), which would have had the effect of permitting the jury to find him guilty of attempted manslaughter in the first degree (Penal Law §§ 110.00, 125.20 [2]) rather than attempted…

2Cases cited7 opinions

  1. People v. WattsNew York Court of Appeals · 1982
  2. People v. CasassaNew York Court of Appeals · 1980
  3. People v. MoyeNew York Court of Appeals · 1985
  4. People v. TeicherNew York Court of Appeals · 1981
  5. People v. VeraAppellate Division of the Supreme Court of the State of New York · 1983

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. People v. FerisAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. JamesAppellate Division of the Supreme Court of the State of New York · 1986
  5. People v. NunezAppellate Division of the Supreme Court of the State of New York · 2014

8 more not listed; retrieve them via the Exa API.

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