People v. Passaro

Rose, J.P.

Defendant, who has a history of physical and mental deficiencies, shot and killed his wife with a semiautomatic rifle in the presence of their two children. He was indicted on one count of murder in the second degree, one count of criminal possession of a weapon in the third degree and two counts of endangering the welfare of a child. Defendant then waived his right to a jury trial and stipulated that he shot his wife, but claimed that he was not guilty by reason of mental disease or defect and asserted the affirmative defenses of extreme emotional disturbance and mental disorder.…