Legal Opinion
People v. White
New York Court of Appeals
Decided February 25, 1992PublishedCited by 64 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
That court properly concluded, contrary to defendant’s contention on this appeal, that the trial court did not err in refusing to instruct the jury on the affirmative defense of extreme emotional disturbance (Penal Law § 125.25 [1] [a]).
In order for defendant to be entitled to such an instruction, a court must determine that sufficient credible evidence has been presented for the jury to find, by a preponderance of the evidence, that the elements of the affirmative defense have *903been established (see, People…
2Cases cited7 opinions
- Patterson v. New YorkSupreme Court of the United States · 1977
- People v. PattersonNew York Court of Appeals · 1976
- People v. CasassaNew York Court of Appeals · 1980
- People v. ButtsNew York Court of Appeals · 1988
- People v. RoeNew York Court of Appeals · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- People v. RocheNew York Court of Appeals · 2002
- Luis Vargas-Sarmiento v. United States Department of Justice, Bureau of Citizenship and Immigration ServicesCourt of Appeals for the Second Circuit · 2006
- DeLuca v. LordCourt of Appeals for the Second Circuit · 1996
- People v. HarrisNew York Court of Appeals · 2000
- People v. McKenzieNew York Court of Appeals · 2012
59 more not listed; retrieve them via the Exa API.