PEOPLE v. SEPE

2009-08248, Ind. No. 08-00457.

111 A.D.3d 75 (2013)

972 N.Y.S.2d 273

2013 NY Slip Op 6030

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT SEPE, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 25, 2013.


Attorney(s) appearing for the Case

The Sarcone Law Firm, PLLC, White Plains ( John A. Sarcone III and Clement S. Patti, Jr. , of counsel), for appellant.

Janet DiFiore , District Attorney, White Plains ( Lois Cullen Valerio , Richard Longworth Hecht , and Laurie Sapakoff of counsel), for respondent.

DICKERSON and AUSTIN, JJ., concur with COHEN, J.; ANGIOLILLO, J.P., dissents in a separate opinion in which BALKIN, J., concurs.


OPINION OF THE COURT

COHEN, J.

During the early morning hours of March 22, 2008, the defendant beat his girlfriend to death with a baseball bat inside the home they shared in Croton-on-Hudson, New York. At trial, the defendant relied on the affirmative defense of extreme emotional disturbance, presenting evidence that he had a long history of psychiatric illness, and that in the months leading up to the homicide, his mental state deteriorated as his once...

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