People v. Owens

Balio and Callahan, JJ.

(dissenting). We respectfully dissent. The issue whether defendant acted under the influence of extreme emotional disturbance was a question for the jury to *918decide upon its evaluation of the expert testimony (see, People v Grinan, 161 AD2d 325, lv denied 76 NY2d 857). Where the jury is presented with conflicting expert testimony about defendant’s mental capabilities and capacity to form an intent, it had the right to accept or reject the opinion of any expert (see, People v Wood, 12 NY2d 69, 77; People v Mitchell, 149 AD2d 968, 969, lv denied 74 NY2d 744). We disagree…