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PEOPLE v. OLSEN

2015-00086, Ind. No. 799/11.

148 A.D.3d 829 (2017)

2017 NY Slip Op 01716

48 N.Y.S.3d 520

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES OLSEN, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 8, 2017.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court was not required to obtain from him an affirmative waiver of the affirmative defense of extreme emotional disturbance (see People v Harris, 109 A.D.2d 351 [1985]).

Furthermore, reduction of the defendant's conviction to manslaughter based upon the application of the affirmative defense of extreme emotional disturbance...

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