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PEOPLE v. ROSADO

128 A.D.2d 905 (1987)

The People of the State of New York, Respondent, v. Angel Rosado, Appellant

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

March 30, 1987

Ordered that the judgment is affirmed.

We find unpersuasive the defendant's argument that his affirmative defense of extreme emotional disturbance was established as a matter of law. The assertion of the defense raised an issue of fact. Although the evidence adduced at trial may well have indicated that the defendant met the threshold requirement in that he acted under the influence of an extreme emotional disturbance,...

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