PEOPLE v. WALKER


100 A.D.2d 220 (1984)

The People of the State of New York, Respondent, v. Robert Walker, Appellant

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

March 22, 1984


Attorney(s) appearing for the Case

Barry Stendig of counsel (William E. Hellerstein, attorney), for appellant.

Susan Corkery of counsel (Norman Barclay with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

KUPFERMAN, ROSS and ALEXANDER, JJ., concur with MURPHY, P. J.; SANDLER, J., dissents in part in an opinion with respect to the judgment.


MURPHY, P. J.

The principal issue presented upon this appeal is whether the trial court erroneously refused to submit manslaughter in the first degree to the jury upon the theory that defendant acted under the influence of "extreme emotional disturbance" (Penal Law, § 125.20, subd 2). The defendant was convicted after trial of murder in the second degree (Penal Law, § 125.25, subd 1) and criminal possession of a weapon in the second degree ...

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