PEOPLE v. ROBERTS

2014-08521, Ind. No. 3683/10.

139 A.D.3d 985 (2016)

30 N.Y.S.3d 570

2016 NY Slip Op 03901

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUSTACIO ROBERTS, Appellant.

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

Decided May 18, 2016.


Ordered that the judgment is affirmed.

On the evening of April 28, 2010, the defendant broke into the home of his former girlfriend and stabbed her to death. After a jury trial, during which the defendant advanced the affirmative defense of extreme emotional disturbance, he was convicted of murder in the second degree.

The defendant's contention that he was deprived of his right to a fair trial due to improper remarks made by the prosecutor during summation...

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