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PEOPLE v. EZELL

1943, 2035/10.

143 A.D.3d 551 (2016)

2016 NY Slip Op 06787

38 N.Y.S.3d 891

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER EZELL, Appellant.

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

Decided October 18, 2016.

The court's determination that defendant failed to establish the affirmative defense of extreme emotional disturbance by a preponderance of the evidence was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the court's evaluation of conflicting expert testimony concerning defendant's mental state.

Under the circumstances of the case, defendant's...

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