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PEOPLE v. SMITH

85 Misc.2d 1 (1976)

The People of the State of New York, Plaintiff, v. Larry Smith, Defendant.

Supreme Court, New York County.

February 6, 1976

Attorney(s) appearing for the Case

Robert A. Goldschlag for defendant. Robert M. Morgenthau, District Attorney (Michael Barry of counsel), for plaintiff.

WALTER T. GORMAN, J.

Defendant challenges the constitutionality of the affirmative defense to the crime of robbery in light of the Supreme Court holding in Mullaney v Wilbur (421 U.S. 684).

In Mullaney the court struck down a Maine statute which required the defendant to prove by a fair preponderance of the evidence that he acted in the "heat of passion on...

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