Legal Opinion

People v. Ludwigsen

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

Decided February 5, 2008PublishedCited by 4 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J), rendered January 19, 2005, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the jury’s rejection of his extreme emotional disturbance defense was against the weight of the evidence is without merit (see Penal Law § 125.25 [1] [a]; People v Azaz, 41 AD3d 610 [2007]). Even had the jury found that the defendant was acting under the influence of extreme emotional disturbance at the time of the murder,…

2Cases cited2 opinions

  1. People v. Yong Ho HanAppellate Division of the Supreme Court of the State of New York · 1994
  2. People v. AzazAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by4 opinions

  1. People v. LudwigsenAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. SepeAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. SepeAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. SinclairAppellate Division of the Supreme Court of the State of New York · 2015

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