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PEOPLE v. FARDAN

82 N.Y.2d 638 (1993)

628 N.E.2d 41

607 N.Y.S.2d 220

The People of the State of New York, Respondent, v. Kamal Fardan, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1993.

Attorney(s) appearing for the Case

Frank J. Nebush, Jr., Public Defender of Oneida County, Utica (Esther Cohen Lee of counsel), for appellant.

Barry M. Donalty, District Attorney of Oneida County, Utica (Steven R. Fortnam of counsel), for respondent.

Chief Judge KAYE and Judges TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.

SIMONS, J.

Defendant, convicted of depraved mind murder and other charges after he attacked and strangled an acquaintance in her apartment, raises two principal issues on this appeal: (1) whether the affirmative defense of extreme emotional disturbance can be used to mitigate a charge of depraved mind murder (see, Penal Law § 125.25 [2]) and (2) whether evidence of a prior conviction that had been...

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