Legal Opinion

People v. Coello

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 2015No. 15296 937/11PublishedCited by 3 opinions

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Ralph A. Fabrizio, J.), rendered November 14, 2012, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The court properly denied defendant’s request for a jury charge on the affirmative defense of extreme emotional disturbance. There was no reasonable view of the evidence, viewed most favorably to defendant, that he had established, by a preponderance of the evidence, either the subjective element of the defense, that he “acted under the influence of an extreme…

2Cases cited5 opinions

  1. People v. RocheNew York Court of Appeals · 2002
  2. People v. WalkerNew York Court of Appeals · 1984
  3. People v. McKenzieNew York Court of Appeals · 2012
  4. People v. GonzalezNew York Court of Appeals · 2014
  5. People v. MorontaAppellate Division of the Supreme Court of the State of New York · 2012

3Cited by3 opinions

  1. People v. TaglianettiAppellate Division of the Supreme Court of the State of New York · 2020
  2. Coello v. BellDistrict Court, S.D. New York · 2020
  3. People v. GonyeaAppellate Division of the Supreme Court of the State of New York · 2022

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