People v. Kohl

Judgment unanimously affirmed. Memorandum: Upon a bench trial, the court found defendant guilty of the intentional murder of Peter Schütz (Penal Law § 125.25 [1]), depraved mind murder of two-year-old Matthew Schütz (Penal Law § 125.25 [2]), and depraved mind assault in the first degree of three-year-old Joseph Schütz (Penal Law § 120.10 [3]).

At trial, defendant asserted the affirmative defense of lack of criminal responsibility by reason of mental disease or defect (Penal Law § 40.15), and conflicting expert testimony was received on the issue. The trial court found that defendant failed to…