People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered September 11, 1985, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s position, the trial court did not err in refusing to charge the jury on the affirmative defense of extreme emotional disturbance (see, Penal Law § 125.25 [1] [a]). No reasonable view of the evidence adduced at the trial would establish that at the time of his mother’s killing, the defendant was acting under…
2Cases cited10 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. AlfaroNew York Court of Appeals · 1985
- People v. SatloffNew York Court of Appeals · 1982
- People v. CasassaNew York Court of Appeals · 1980
- People v. GallagherNew York Court of Appeals · 1987
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. ThomchesAppellate Division of the Supreme Court of the State of New York · 1991
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1993
- People v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. MichelineAppellate Division of the Supreme Court of the State of New York · 1989
- People v. HillAppellate Division of the Supreme Court of the State of New York · 1990
5 more not listed; retrieve them via the Exa API.