People v. Roche

Insofar as I conclude that, on the basis of this record, the trial court properly refused to give the charge of the affirmative defense of extreme emotional disturbance, I respectfully dissent. I find no basis to dispute that defendant, the killer, might have been emotional when he killed Lillian Rivera, his girlfriend. But I find no basis to conclude that his emotional state was so severely disturbed as set forth under prevailing law that he should have been able to avail himself of the defense at trial. Hence, I would affirm the judgment of conviction.

The People’s witnesses included…