PEOPLE v. MITCHELL


72 A.D.2d 920 (1979)

The People of the State of New York, Respondent, v. John Carleton Mitchell, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 16, 1979


Judgment unanimously affirmed.

Memorandum:

Defendant was convicted of first degree manslaughter for having intentionally caused the death of his girlfriend, Audrey Miller, "under circumstances which do not constitute murder because he act[ed] under the influence of extreme emotional disturbance". (Penal Law, § 125.20, subd 2.) On appeal, his chief contention is that the trial court erred in charging the jury on intoxication (Penal Law, § 15.25)....

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