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Legal Opinion

People v. Smith

New York Court of Appeals

Decided February 17, 2004PublishedCited by 33 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Defendant was convicted of one count of intentional murder (Penal Law § 125.25 [1]), one count of felony murder (Penal Law § 125.25 [3]) and one count of robbery (Penal Law § 160.15 [1]). There was evidence adduced at trial that the 16-year-old defendant and a codefendant went to the home of the 71-year-old victim with the specific intent to rob him, then choked and suffocated him to death and stole his automobile.

Defendant sought to establish that she was under an extreme emotional disturbance because of…

2Cases cited3 opinions

  1. People v. MoyeNew York Court of Appeals · 1985
  2. People v. RocheNew York Court of Appeals · 2002
  3. People v. WhiteNew York Court of Appeals · 1992

3Cited by33 opinions

  1. People v. DiazNew York Court of Appeals · 2010
  2. People v. MullerAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. RabideauAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. RossAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. TrovatoAppellate Division of the Supreme Court of the State of New York · 2009

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