PEOPLE v. JACOTIN


304 A.D.2d 447 (2003)

757 N.Y.S.2d 563

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUDE JACOTIN, Appellant.

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

Decided April 22, 2003.


It appears that counsel advised defendant that an extreme emotional disturbance (EED) defense under Penal Law § 125.25 (1) (a), if successful, would reduce second-degree murder to first-degree manslaughter, and that defendant would likely receive a sentence for EED manslaughter on the high end of the scale. On the basis of this advice, and because he believed that the two eyewitnesses to the charged stabbing would not appear to testify, defendant elected to forgo the...

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