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PEOPLE v. MARTINEZ

141 A.D.2d 672 (1988)

The People of the State of New York, Respondent, v. Eslay Martinez, Appellant

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

June 13, 1988

Ordered that the judgment is affirmed.

The evidence adduced at the trial, at which both the defendant and the codefendant testified, when viewed in the light most favorable to the defendant, was insufficient to establish by a preponderance of the evidence that the defendant acted under the influence of an extreme emotional disturbance or that there was a reasonable explanation or excuse for him to have been under the influence...

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