People v. Amengual

Appellate Division of the Supreme Court of New York

People v. Amengual

56 A.D.2d 605, 391 N.Y.S.2d 625, 1977 N.Y. App. Div. LEXIS 10684

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 15, 1977

StatusPublished

This text of 56 A.D.2d 605 (People v. Amengual) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Amengual, 56 A.D.2d 605, 391 N.Y.S.2d 625, 1977 N.Y. App. Div. LEXIS 10684 (N.Y. Ct. App. 1977).

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Opinion

Appeal by the People from an order of the County Court, Rockland County, dated March 1, 1976, which (1) vacated a judgment of conviction rendered October 16, 1973, following defendant’s conviction of murder, upon a jury verdict, and (2) ordered a new trial. Order reversed, on the law, and judgment of conviction reinstated. The constitutional issue raised on this appeal relates to the alleged denial of due process resulting from the trial court’s charge of section 125.25 (subd 1, par [a]) of the Penal Law, which makes a claim in a murder prosecution that the killing was committed under the influence of extreme emotional disturbance an affirmative defense, pursuant to subdivision 2 of section 25.00 of the Penal Law. Such provisions are constitutional (People v Patterson, 39 NY2d 288; People v Donovan, 53 AD2d 27, 30; People ex rel. Haymes v Smith, 52 AD2d 755). People v Davis (49 AD2d 437), upon which the Trial Judge relied, was decided prior to the decision in People v Patterson (supra). Accordingly, defendant’s conviction did not violate his constitutional rights (see People v Dorta, 56 AD2d 607). Hopkins, Acting P. J., Martuscello, Latham, Rabin and Hawkins, JJ., concur.

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Appeal by the People from an order of the County Court, Rockland County, dated March 1, 1976, which (1) vacated a judgment of conviction rendered October 16, 1973, following defendant’s conviction of murder, upon a jury verdict, and (2) ordered a new trial. Order reversed, on the law, and judgment of conviction reinstated. The constitutional issue raised on this appeal relates to the alleged denial of due process resulting from the trial court’s charge of section 125.25 (subd 1, par [a]) of the Penal Law, which makes a claim in a murder prosecution that the killing was committed under the influence of extreme emotional disturbance an affirmative defense, pursuant to subdivision 2 of section 25.00 of the Penal Law. Such provisions are constitutional (People v Patterson, 39 NY2d 288; People v Donovan, 53 AD2d 27, 30; People ex rel. Haymes v Smith, 52 AD2d 755). People v Davis (49 AD2d 437), upon which the Trial Judge relied, was decided prior to the decision in People v Patterson (supra). Accordingly, defendant’s conviction did not violate his constitutional rights (see People v Dorta, 56 AD2d 607). Hopkins, Acting P. J., Martuscello, Latham, Rabin and Hawkins, JJ., concur.

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Bluebook (online)

56 A.D.2d 605, 391 N.Y.S.2d 625, 1977 N.Y. App. Div. LEXIS 10684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-amengual-nyappdiv-1977.

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