People v. Ford

OPINION OF THE COURT

Duncan S. McNab, J.

Defendant has been charged, individually, with the attempted murder of Police Officer John Argiento on November *16118, 1978, moments after the defendant had allegedly robbed a gas station while acting in concert with his girlfriend Ava Smith. On trial, defendant interposed the defense of insanity. Following the close of testimony, defendant, inter alla, requested that the court additionally charge on the affirmative defense of extreme emotional disturbance as set forth in subdivision 2 of section 125.27 of the Penal Law and submit, as a lesser included…