People v. Murden
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, Kings County (Kreindler, J.), rendered March 8, 1991, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the trial court acted properly in refusing to charge the jury on the affirmative defense of extreme emotional disturbance (see, Penal Law § 125.25 [1] [a]). It is well settled that "[t]he defense requires proof of both a subjective element (that defendant did in fact act under the influence of extreme emotional…
2Cases cited7 opinions
- People v. MoyeNew York Court of Appeals · 1985
- People v. WhiteNew York Court of Appeals · 1992
- People v. FerisAppellate Division of the Supreme Court of the State of New York · 1988
- People v. KnightsAppellate Division of the Supreme Court of the State of New York · 1985
- People v. TullochAppellate Division of the Supreme Court of the State of New York · 1992
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Murden v. ArtuzCourt of Appeals for the Second Circuit · 2007
- People v. CollinsAppellate Division of the Supreme Court of the State of New York · 2002
- People v. RamseyAppellate Division of the Supreme Court of the State of New York · 2009
- People v. LynchAppellate Division of the Supreme Court of the State of New York · 2012
- People v. DominguezAppellate Division of the Supreme Court of the State of New York · 1996
16 more not listed; retrieve them via the Exa API.