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PEOPLE v. KENNY

16291, 1498/11.

134 A.D.3d 420 (2015)

22 N.Y.S.3d 9

2015 NY Slip Op 08793

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL KENNY, Appellant.

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

Decided December 1, 2015.

The verdict convicting defendant of second-degree murder, and rejecting the affirmative defense of extreme emotional disturbance, was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). The evidence failed to support either the subjective or objective elements of this defense (see People v Moye, 66 N.Y.2d 887, 890 [1985]). The jury could have reasonably...

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