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People v. Hayes

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1996
223 A.D.2d 602 (N.Y. App. Div. 1996)

Opinion

January 16, 1996

Appeal from the Supreme Court, Queens County (Rotker, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court acted properly in refusing to charge the jury on the affirmative defense of extreme emotional disturbance ( see, Penal Law § 125.25 [a]). No reasonable view of the evidence supported a conclusion that the defendant, who concededly had a protracted history of disputes with the two victims, acted under the influence of extreme emotional disturbance when, while conversing with them in their car, he shot them ( see, People v White, 79 N.Y.2d 900; People v Hairston, 208 A.D.2d 765; People v Murden, 190 A.D.2d 822).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Friedmann, Krausman and Florio, JJ., concur.


Summaries of

People v. Hayes

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1996
223 A.D.2d 602 (N.Y. App. Div. 1996)
Case details for

People v. Hayes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUYCE HAYES, Appellant

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

Date published: Jan 16, 1996

Citations

223 A.D.2d 602 (N.Y. App. Div. 1996)
636 N.Y.S.2d 409

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