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People v. Binkley

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 2000
278 A.D.2d 124 (N.Y. App. Div. 2000)

Opinion

December 19, 2000.

Judgment, Supreme Court, New York County (Herbert Altman, J.), rendered July 15, 1998, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 22 years to life, unanimously affirmed.

Hilary Hassler, for respondent.

Steven A. Feldman, for defendant-appellant.

Before: Lerner, J.P., Andrias, Saxe, Buckley, Friedman, JJ.


The court properly declined to charge the affirmative defense of extreme emotional disturbance. The evidence, even when viewed in a light most favorable to defendant, establishes that while defendant acted out of anger, the circumstances did not rise to a level at which the elements of the extreme emotional disturbance defense were satisfied (see, People v. White, 79 N.Y.2d 900).

Motion seeking to file pro se supplemental brief and for other related relief denied.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Binkley

Appellate Division of the Supreme Court of New York, First Department
Dec 19, 2000
278 A.D.2d 124 (N.Y. App. Div. 2000)
Case details for

People v. Binkley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAVID BINKLEY…

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

Date published: Dec 19, 2000

Citations

278 A.D.2d 124 (N.Y. App. Div. 2000)
718 N.Y.S.2d 172

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