PEOPLE v. McDONALD


199 A.D.2d 420 (1993)

605 N.Y.S.2d 341

The People of the State of New York, Respondent, v. Lonny McDonald, Appellant

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

December 20, 1993


Ordered that the judgment is affirmed.

The trial court did not err in refusing to instruct the jury on the defense of extreme emotional disturbance. Viewing the evidence in the light most favorable to the defendant, there was insufficient evidence for the jury to determine that the defendant either acted under the subjective influence of extreme emotional disturbance or that there was a reasonable explanation for this disturbance (see, People v Moye...

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