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PEOPLE v. KELLY

5722. 6061/10.

158 A.D.3d 520 (2018)

71 N.Y.S.3d 36

2018 NY Slip Op 01131

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

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

Decided February 15, 2018.

The court properly declined to charge the jury on the affirmative defense of extreme emotional disturbance (EED). The evidence was insufficient, viewed in the light most favorable to defendant, to support a finding that at the time he killed the victim, defendant was actually under the influence of EED (see People v Roche, 98 N.Y.2d 70, 75-78 [2002]). Among other things, his actions after the crime indicated that he was not affected...

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