Order reversed, on the law, and judgment of conviction reinstated.
The constitutional issue raised on this appeal relates to the alleged denial of due process resulting from the trial court's charge of section 125.25 (subd 1, par [a]) of the Penal Law, which makes a claim in a murder prosecution that the killing was committed under the influence of extreme emotional disturbance an affirmative defense, pursuant to subdivision 2 of section 25.00 of the Penal Law. Such...
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