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PEOPLE v. PATTERSON

39 N.Y.2d 288 (1976)

The People of the State of New York, Respondent, v. Gordon G. Patterson, Appellant.

Court of Appeals of the State of New York.

Decided April 1, 1976.

Attorney(s) appearing for the Case

Betty D. Friedlander and Victor J. Rubino for appellant.

John M. Finnerty, District Attorney, for respondent.

Chief Judge BREITEL and Judges GABRIELLI and JONES concur with Judge JASEN; Chief Judge BREITEL and Judge JONES concur in separate opinions; Judge COOKE dissents and votes to reverse in another opinion in which Judges WACHTLER and FUCHSBERG concur.

JASEN, J.

The principal issue on this appeal is whether, in a murder prosecution, constitutional due process limitations are invaded by placing the burden of persuasion on a defendant with respect to the defense of acting "under the influence of extreme emotional disturbance" in order to reduce the homicide to the less culpable crime of manslaughter in the first degree.

The defendant, Gordon Patterson...

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