PEOPLE v. APHAYLATH


68 N.Y.2d 945 (1986)

The People of the State of New York, Respondent, v. May Aphaylath, Appellant.

Court of Appeals of the State of New York.

Decided November 13, 1986.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Howard K. Broder of counsel), for appellant.

Howard R. Relin, District Attorney (Wendy Evans Lehmann of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to Supreme Court, Monroe County, for a new trial.

Defendant, a Laotian refugee living in this country for approximately two years, was indicted and tried for the intentional murder of his Laotian wife of one month. At trial, defendant attempted to establish the affirmative defense of extreme emotional disturbance to mitigate the...

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