People ex rel. Haymes v. Smith

Judgment unanimously affirmed. Memorandum: The only constitutional issue raised in this proceeding relates to the alleged denial of due process to relator resulting from the trial court’s charging the provisions of section 125.25 (subd 1, par [a]) of the Penal Law which make the claim that the killing in a murder prosecution was committed under the influence of extreme emotional disturbance an affirmative defense, with the burden of proof upon the defendant to establish such defense. The Court of Appeals in People v Patterson (39 NY2d 288) has held such statutory provisions to be…