People v. Binkley

Appellate Division of the Supreme Court of New York

People v. Binkley

278 A.D.2d 124, 718 N.Y.S.2d 172, 2000 N.Y. App. Div. LEXIS 14004

Appellate Division of the Supreme Court of the State of New York·Decided December 19, 2000·Published·Cited by 4 cases

Opinion

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered July 15, 1998, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 22 years to life, unanimously affirmed.

The court properly declined to charge the affirmative defense of extreme emotional disturbance. The evidence, even when viewed in a light most favorable to defendant, establishes that while defendant acted out of anger, the circumstances did not rise to a level at which the elements of the extreme emotional disturbance defense were satisfied (see, People v White, 79 NY2d 900). Concur — Lerner, J. P., Andrias, Saxe, Buckley and Friedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered July 15, 1998, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 22 years to life, unanimously affirmed.

The court properly declined to charge the affirmative defense of extreme emotional disturbance. The evidence, even when viewed in a light most favorable to defendant, establishes that while defendant acted out of anger, the circumstances did not rise to a level at which the elements of the extreme emotional disturbance defense were satisfied (see, People v White, 79 NY2d 900). Concur — Lerner, J. P., Andrias, Saxe, Buckley and Friedman, JJ.

People v. Binkley, 278 A.D.2d 124, 718 N.Y.S.2d 172, 2000 N.Y. App. Div. LEXIS 14004 (N.Y. Ct. App. 2000).

Pincite

278 A.D.2d 124 (People v. Binkley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related