PEOPLE v. AYALA


173 A.D.2d 718 (1991)

The People of the State of New York, Respondent, v. Roberto Ayala, Appellant

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

May 28, 1991


Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.

During the course of rendering his verdict, the Trial Judge stated that he had expected the defendant to testify as to his affirmative defense of extreme emotional disturbance and that if the defendant had so testified, then he would have been inclined to render a guilty verdict on the lesser charge of manslaughter rather than on the murder charge...

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