People v. Moore

After a court trial defendant was convicted of murder in the second degree. On appeal, as below, he argues that uncontradicted evidence of diminished capacity due to mental illness shows him to be guilty of manslaughter only. These are the facts:

Defendant was born in 1931. He quit school at the age of 17. After doing various odd jobs he entered the army. He was assigned to a military fire department for a couple of years and spent eight months in Korea. He received an honorable discharge. He then went to work as a government security guard. He quit and joined the fire department in Troy, New…