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PEOPLE v. BRADLEY

88 N.Y.2d 901 (1996)

669 N.E.2d 815

646 N.Y.S.2d 657

The People of the State of New York, Respondent, v. James F. Bradley, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1996.

Attorney(s) appearing for the Case

Connors & Vilardo, Buffalo (Terrence M. Connors and Mark R. Uba of counsel), for appellant.

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Donna A. Milling and John J. DeFranks of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed, without prejudice to an application by the People for leave to resubmit.

In this prosecution for second degree murder, the trial court erred in submitting the affirmative defense of extreme emotional disturbance over objection by the defense. As we held in People v DeGina (72 N.Y.2d 768

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