People v. Liebman

Kupferman J.

(dissenting). One need not fault the sensitive analysis in the Court’s opinion to differ with its conclusion.

The defendant was obviously a seriously disturbed person. However, if one goes through life under extreme emotional disturbance (the norm), how does the trier of fact distinguish between such normal (abnormal) behavior and that necessary to sustain the affirmative defense?

A neighbor heard the victim scream, "You’re killing me.” Responding police officers heard a woman’s voice saying, "Murder. Help me. Help, Murder.” She made a dying declaration that her husband "did this to…