PEOPLE v. ACEVEDO


56 A.D.3d 341 (2008)

867 N.Y.S.2d 430

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v JUAN ACEVEDO, Appellant.

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

November 20, 2008.


The court properly declined to submit to the jury the affirmative defense of extreme emotional disturbance. There was insufficient evidence, viewed in a light most favorable to defendant, from which the jury could find, by a preponderance of the evidence, that the elements of that defense were satisfied (see People v Roche, 98 N.Y.2d 70, 75 [2002]; People v White, 79 N.Y.2d 900, 903 [1992...

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