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PEOPLE v. ROCHE

98 N.Y.2d 70 (2002)

772 N.E.2d 1133

745 N.Y.S.2d 775

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RAMON ROCHE, Respondent.

Court of Appeals of the State of New York.

Decided June 4, 2002.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Sheryl Feldman and Mark Dwyer of counsel), for appellant.

Office of the Appellate Defender, New York City (Eunice C. Lee, Richard M. Greenberg and Daniel A. Warshawsky of counsel), for respondent.

Salans Hertzfeld Heilbronn Christy & Viener, New York City (Jane E. Manning and Maria T. Galeno of counsel), for Sanctuary for Families' Center for Battered Women's Legal Services and another, amici curiae.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

GRAFFEO, J.

In this prosecution stemming from the brutal stabbing by defendant of his common-law wife, the Appellate Division reversed defendant's conviction of murder in the second degree based on the trial court's failure to charge the jury concerning the affirmative defense of extreme emotional disturbance. Because the evidence at trial was insufficient to support the defense of extreme emotional disturbance, we reverse the Appellate...

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