PEOPLE v. VALENZUELA

2866, 3654/07.

146 A.D.3d 675 (2017)

2017 NY Slip Op 00543

47 N.Y.S.3d 249

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAULINO VALENZUELA, Appellant.

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

Decided January 26, 2017.


The court providently exercised its discretion in denying defendant's mistrial motion, made after five weeks of trial, when defense counsel announced that he would be unable to call his intended expert witness because the expert was no longer of the opinion that defendant acted under the influence of extreme emotional disturbance (EED). Initially, defendant's contention that the court applied the wrong standard is unpreserved and we decline to review it in the interest of...

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