Legal Opinion
People v. Aphaylath
New York Court of Appeals
Decided November 13, 1986PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed and the case remitted to Supreme Court, Monroe County, for a new trial.
Defendant, a Laotian refugee living in this country for approximately two years, was indicted and tried for the intentional murder of his Laotian wife of one month. At trial, defendant attempted to establish the affirmative defense of extreme emotional disturbance to mitigate the homicide (Penal Law § 125.25 [1] [a]; see, People v Moye, 66 NY2d 887; People v Casassa, 49 NY2d 668) on the theory that the stresses resulting from his status…
2Cases cited6 opinions
- De Long v. County of ErieNew York Court of Appeals · 1983
- People v. PattersonNew York Court of Appeals · 1976
- People v. CasassaNew York Court of Appeals · 1980
- People v. MoyeNew York Court of Appeals · 1985
- Kulak v. Nationwide Mutual InsuranceNew York Court of Appeals · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bui v. StateCourt of Criminal Appeals of Alabama · 1997
- People v. DrakeAppellate Division of the Supreme Court of the State of New York · 1987
- People v. RoblesAppellate Division of the Supreme Court of the State of New York · 1991
- People v. WilliamsNew York Supreme Court · 2006
- People v. MyersAppellate Division of the Supreme Court of the State of New York · 1995
12 more not listed; retrieve them via the Exa API.