PEOPLE v. LIEBMAN


179 A.D.2d 245 (1992)

The People of the State of New York, Respondent, v. David Liebman, Appellant

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

April 14, 1992


Attorney(s) appearing for the Case

Kevin F. Casey of counsel (Philip Weinstein, attorney), for appellant.

Nancy D. Killian of counsel (Allen H. Saperstein with her on the brief; Robert T. Johnson, District Attorney, attorney), for respondent.

MILONAS and RUBIN, JJ., concur with MURPHY, P. J.; KUPFERMAN, J., dissents in a separate opinion.


MURPHY, P. J.

The single issue presented is whether the defendant's conviction of murder in the second degree ought to be reduced to one for first degree manslaughter. In support of the reduction sought, the defendant maintains that the evidence adduced at his trial established that when he assaulted his wife inflicting the injuries which caused her death he did so under the influence of extreme emotional disturbance...

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