¶ During the evening of March 16, 1981, Diane Morton, defendant's estranged wife, was shot and killed at her home in the City of Albany. Defendant was indicted for murder in the second degree for intentionally causing the death of Diane Morton (Penal Law, § 125.25, subd 1 [intentional murder]). At trial, defendant did not deny that he fired the shots which killed his wife; rather, defendant offered evidence to establish that he did not have the requisite culpable...
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