Legal Opinion
People v. Shelton
New York Supreme Court
Decided June 16, 1976PublishedCited by 34 opinions
1Opinion of the CourtBentley Kassal, J.
This is a nonjury case. The defendant has been tried for the crime of murder in the second degree, *137and there is no denial that he caused the death of Nilda Cruz, a 14-year-old girl.
ISSUE
The issue is whether the defendant is guilty of murder in the second degree as charged, or whether, as the defense contends, he acted under the "influence of extreme emotional disturbance,” an affirmative defense under section 125.25 (subd 1, par [a]) of the Penal Law, which, as a "mitigating circumstance,” would reduce the conviction to manslaughter, first degree.
(As with most cases where this defense may be…
2Cases cited4 opinions
- Mullaney v. WilburSupreme Court of the United States · 1975
- People v. PattersonNew York Court of Appeals · 1976
- People v. SolariAppellate Division of the Supreme Court of the State of New York · 1973
- People v. SolariNew York Court of Appeals · 1974
3Cited by34 opinions
- State v. BishopUtah Supreme Court · 1988
- People v. CasassaNew York Court of Appeals · 1980
- DeLuca v. LordDistrict Court, S.D. New York · 1994
- State v. OrtizSupreme Court of Connecticut · 1991
- State v. MooreHawaii Supreme Court · 1996
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