PEOPLE v. LUKE


110 A.D.2d 717 (1985)

The People of the State of New York, Respondent, v. Cornell Luke, Appellant

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

April 8, 1985


Judgment affirmed.

The trial court properly declined to submit first degree manslaughter to the jury on the theory of "extreme emotional disturbance", as there was insufficient evidence for a jury to find, by a preponderance of the evidence, that the elements of this affirmative defense were established (see, People v Walker, 64 N.Y.2d 741). Defendant's testimony had been that he had acted in self-defense against the...

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