We agree with defendant that the court erred in refusing his request for a charge on the affirmative defense of extreme emotional disturbance (Penal Law § 125.25 [1] [a]) at his trial for the death of his common-law wife.
"The extreme emotional disturbance defense requires proof of both subjective and objective elements. The subjective element focuses on the defendant's state of mind at the time of the crime and requires sufficient evidence that the defendant...
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