Ordered that the judgment is affirmed.
The defendant was convicted of stabbing to death his wife's aunt. In its instructions to the jury on the defendant's affirmative defense of extreme emotional disturbance, the trial court stated that, "[u]nlike the heavier burden placed upon the People of proof beyond a reasonable doubt, the law places the burden on the defendant to establish an affirmative defense only by a preponderance of the evidence." The trial court then...
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