PEOPLE v. DRAKE


216 A.D.2d 873 (1995)

629 N.Y.S.2d 361

The People of the State of New York, Respondent, v. Robert Drake, Appellant

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

June 9, 1995


Judgment unanimously affirmed.

Memorandum:

On appeal from a judgment convicting him of murder in the second degree and criminal possession of a weapon in the third degree following a jury trial, defendant argues that the verdict is against the weight of the evidence because he met his burden of establishing the defense of extreme emotional disturbance. We disagree. Whether the defense applies is largely discretionary (see, People v Casassa, ...

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