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PEOPLE v. SHELTON

88 Misc.2d 136 (1976)

The People of the State of New York, Plaintiff, v. Willard Shelton, Defendant.

Supreme Court, Trial Term, New York County.

June 16, 1976

Attorney(s) appearing for the Case

Otto F. Fusco for defendant. Robert M. Morgenthau, District Attorney (Hugh A. Levine of counsel), for plaintiff.

BENTLEY KASSAL, J.

This is a nonjury case. The defendant has been tried for the crime of murder in the second degree, and there is no denial that he caused the death of Nilda Cruz, a 14-year-old girl.

ISSUE

The issue is whether the defendant is guilty of murder in the second degree as charged, or whether, as the defense contends, he acted under the "influence of extreme emotional disturbance...

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