Legal Opinion

People v. Elliott

New York Supreme Court

Decided July 31, 1997Published

1Opinion of the Court

OPINION OF THE COURT

Anne G. Feldman, J.

Defendant was charged with two counts each of murder in the first degree, murder in the second degree and burglary in *796the first degree, three counts of burglary in the second degree and one count each of criminal possession of a weapon in the second and third degrees. Defendant, who asserted a defense of extreme emotional disturbance to the murder charges, moved to waive his right to a trial by jury. The prosecution, having elected not to seek the death penalty, consented to defendant’s application.

The court questioned defendant and found that his…

2Cases cited2 opinions

  1. People v. DavisNew York Court of Appeals · 1977
  2. People v. SwanAppellate Division of the Supreme Court of the State of New York · 1987

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