People v. Bradley

Green, J. P. (dissenting).

We respectfully dissent. In our view, Supreme Court committed reversible error in submitting the affirmative defense of extreme emotional disturbance to the jury over defendant’s objection.

Neither the arguments of counsel nor the evidence presented by the defense supports the conclusion that defendant raised the affirmative defense of extreme emotional disturbance (see, Penal Law § 125.25 [1] [a]). Indeed, the prosecutor, in his opening statement, acknowledged the People’s burden to prove beyond a reasonable doubt that defendant was sane when he committed the acts…