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PEOPLE v. CASS

No. 13.

18 N.Y.3d 553 (2012)

942 N.Y.S.2d 416

2012 NY Slip Op 1144

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICKEY CASS, Appellant.

Court of Appeals of New York.

Decided February 16, 2012.

Attorney(s) appearing for the Case

Appellate Advocates, New York City ( Warren S. Landau and Lynn W.L. Fahey of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Joyce Slevin , Leonard Joblove and Victor Barall of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

JONES, J.

The primary issue we address is whether the trial court properly admitted evidence of defendant's uncharged murder to rebut defendant's extreme emotional disturbance defense concerning the murder for which he was on trial. Although we have considered the use of Molineux evidence (People v Molineux, 168 N.Y. 264 [1901]) to rebut a defense predicated on a defendant's impaired...

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