Legal Opinion
People v. Fardan
New York Court of Appeals
Decided December 21, 1993PublishedCited by 162 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
Defendant, convicted of depraved mind murder and other charges after he attacked and strangled an acquaintance in her apartment, raises two principal issues on this appeal: (1) whether the affirmative defense of extreme emotional disturbance can be used to mitigate a charge of depraved mind murder (see, Penal Law § 125.25 [2]) and (2) whether evidence of a prior conviction that had been precluded by a pretrial ruling of the court was nonetheless properly used by the prosecution on cross-examination to impeach a defense witness. We conclude that the trial court…
2Cases cited16 opinions
- Mullaney v. WilburSupreme Court of the United States · 1975
- Harris v. New YorkSupreme Court of the United States · 1971
- Patterson v. New YorkSupreme Court of the United States · 1977
- People v. SandovalNew York Court of Appeals · 1974
- Oregon v. HassSupreme Court of the United States · 1975
11 more not listed; retrieve them via the Exa API.
3Cited by162 opinions
- People v. GonzalezNew York Court of Appeals · 2004
- People v. RodriguezNew York Court of Appeals · 1995
- Waiters v. LeeCourt of Appeals for the Second Circuit · 2017
- People v. RojasNew York Court of Appeals · 2001
- People v. LyonAppellate Division of the Supreme Court of the State of New York · 2010
157 more not listed; retrieve them via the Exa API.