- Bookmark
- Share
- CaseIQ
PEOPLE v. HAYES
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 ยง 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.
Alert