People v. Tabarez
Appellate Division of the Supreme Court of the State of New York
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
- People v. WattsNew York Court of Appeals · 1982
- People v. CasassaNew York Court of Appeals · 1980
- People v. MoyeNew York Court of Appeals · 1985
- People v. TeicherNew York Court of Appeals · 1981
- People v. VeraAppellate Division of the Supreme Court of the State of New York · 1983
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3Cited by13 opinions
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