People v. Owens

—Judgment modified on the facts and as modified affirmed and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Defendant was convicted of murder in the second degree and criminal possession of a weapon in the second degree in connection with a fatal shooting on July 26, 1989. At trial, defendant raised the affirmative defense of extreme emotional disturbance.

It is an affirmative defense to murder in the second degree that a defendant acted "under the influence of extreme emotional disturbance for which there was a reasonable explanation or…