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PEOPLE v. PAVONE

No. 199.

26 N.Y.3d 629 (2015)

47 N.E.3d 56

26 N.Y.S.3d 728

2015 NY Slip Op 09315

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY V. PAVONE, Appellant.

Court of Appeals of New York.

Decided December 17, 2015.

Attorney(s) appearing for the Case

Paul J. Connolly , Delmar, for appellant.

Andrew J. Wylie , District Attorney, Plattsburgh ( Nicholas J. Evanovich, III of counsel), for respondent.

Chief Judge LIPPMAN and Judge FAHEY concur; Judge STEIN concurs in result in an opinion in which Judge ABDUS-SALAAM concurs; Judge PIGOTT dissents in an opinion.

OPINION OF THE COURT

Defendant Anthony Pavone challenges his conviction on two counts of first-degree murder, and one count of criminal possession of a weapon in the second degree. It is undisputed that defendant killed two people. The sole issue at trial was whether at the time of the murders he labored under an extreme emotional...

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